Legal Question in Civil Litigation in Virginia
Vet Fees due on death of animal
My dog, 18yrs was operated upon for cataract in one eye. After surgery he was unable to walk due to ?lying on back for extended period of time during surgery? or possibly ?anesthesia? After several months I had to have him put to sleep as he could not get to his food or water bowl during the day. He never regained his ability to get around. Prior to the surgery, the vet told me this type of thing had happened before but she would take all precautions and pad the bed used to hold the dog during surgery, and she assured me that it most likely would not happen again. After the surgery, I paid the vet $500 for surgery and gave her two post-dated checks, each one for approx $500. When I could see my dog was not regaining his ability to walk again, I tried accupuncture for my dog, with no good results. I then stopped payment on the post-dated checks and she is now suing for that amount plus legal fees. Do I owe this amount to the vet (what are my chances of winning in court (?my defense?) and can I counter sue for the resultant death of my pet? I lost my best friend of 19 yrs as a result of this surgery. Up to the date of surgery he was in excellent health(records prove this). I have grieved ever since his death back in December.
1 Answer from Attorneys
Re: Vet Fees due on death of animal
You want to sue for the needless death(in your view)of your pet which, if my math is correct and age adustment factor(7)for dogs v. humans, approximated a human being aged 133 years or so, after having been informed by the vet of the possible consequences of the surgery on the dog?
I'd say that, one way or another, you had better be prepared to pay up and had best forget about countersuing the vet to whom you owe the money.
Your chances of either successfully defending against the vet's suit or winning a countersuit are about zero in my opinion.
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