Legal Question in Civil Litigation in California

Re: Eye Surgery gone bad.

This is not my area of expertise, but I do not think you have a winning case. Malpractice requires that the person act at a level below that considered competent in the field. Here the vet was competent, just very conservative. After the first operation he should have told you that he does not take an aggressive approach; perhaps you can get him to reduce his price and take a more aggressive approach for the third surgery or refund some of your money and hire another vet.

Re: Eye Surgery gone bad.

Hello!

This is an area that I am very familiar with.

1. There is no value to what is commonly termed a "malpractice" in the veterinary realm. The Chow is what is called a "chattel" under the law. That is a piece of property, just like a barbeque or a table.

2. The negligent act of the surgeon, particularly with an Aisan breed of dog (entropion is very common with Chows, Shar Peis, etc.) extends SOLELY to the "repair cost" and no additional damages are allowable under California law WITH ONE esception: where the Chow was a champion show dog and a business unto itself, then you may have had conseqeuntial damages if that was a pre surgery arrangement with the Doctor, i.e., Dr. you know this is a show dog, etc.

3. To make it simple, the rescue dog is a member of your family, but not a valuable member.

4. Entropian surgeries are done 2 ways, by conventional surgery with a blade and by Laser which is more conservative. Often after laser a 2nd procedure is necessary.

Good luck

Sincerely,

Mark Mitchell Geyer