Can I take a vet to small claims court for misdiagnosis after my dog died?

Question

I took my dog to a vet on a Tuesday, and she was diagnosed with a stomach infection. She stayed at the clinic until Saturday, but didn't improve. A week later, I took her to a different vet for a second opinion, where an x-ray revealed a rock in her stomach. An emergency surgery was performed, but sadly, she died the next day. I have screenshots of communications with the first vet, medical records, and incurred costs totaling over $3,000. Can I take the first vet to small claims court even if they are not present, using only my x-ray and medical records as evidence?

James L. Arrasmith · Answer

You may be able to take the first vet to small claims court for misdiagnosis if you can show that their actions directly led to your dog's death. The evidence you have, including the x-ray from the second vet and the medical records, will be important to establish that the initial diagnosis was incorrect and that proper treatment could have saved your dog. Small claims courts typically allow you to represent yourself, and you don’t need the vet to be present to present your case, but their absence may affect how the judge views your evidence. 
 
However, you should be prepared to demonstrate that the misdiagnosis was a result of negligence or failure to meet the standard of care expected of a veterinarian. If the vet did not properly evaluate your dog or missed critical signs, this could strengthen your claim. 
 
It might also help to consult with another veterinary professional who can review the case and confirm whether the initial treatment was appropriate. This could provide additional support for your case. If you're not sure how to proceed, you might want to seek guidance from a legal professional familiar with animal-related claims.

Q: Can I take a vet to small claims court for misdiagnosis after my dog died?