Can I take a vet to small claims court?

mrbadexample

:hello:

Well, what the title says, really.

Long story short, I took my cat to a vet at the end of last year. They did the usual assessments, blood tests etc. They told me the blood test results were "normal".

I wasn't happy with their treatment of him, so I ended up going to another vet. He requested the test results from the first vet, and immediately noted that they were very far from normal. I had to have the blood tests repeated, as well as the expense of the second consultation etc.

The first vet missed obvious symptoms of what was wrong, and completely misinformed me.

I wrote to the first vet to complain, and requested a refund for the treatments I had to have repeated. Unsurprisingly, they weren't interested. After all, they have my money (about £170). :rolleyes: They said that the work was done in good faith, and with my consent. Obviously, I did give my consent to have the treatment done, but not from an informed position as I was not given the correct information.

So, once I've finished writing my formal complaint to the RCVS, can I take them to a small claims court to recover the money?

What are the chances I would win? The only evidence I (might) have to support the fact that they told me the blood tests were normal, would be a statement from the second vet confirming that I went in and said that's what they told me. I haven't asked him yet, but I'm sure he would remember, and I think he would probably be prepared to give a statement to that effect.

If I didn't win, what could it potentially cost me? I know there's an initial cost of £30, but could it cost more if I lost?

Thoughts appreciated.
Cheers,
MBE

simontheiceman

You can certainly take a vet to the small claims court - it is open to everyone. I have stacks of experience with the SCC as I am frequently having to chase clients for unpaid bills!

You will almost certainly find, however, that they will kick the case out without an expert opinion and whilst you may be able to self-represent, this will not happen for the vet, who will use porfessional indemnity lawyers to flatten you completely.
Do not be disheartened though. This will mean that they will have to engage with your complaint, and whilst you might not get redress, you can revel in the self-knowledge that you have caused a lot of aggravation.

A solicitors letter might be a better start as that will mean they have to take you seriously (people dont do this and according to my tame litigation lawyer it is the best start against a professional). Either way you stand to bring the issue into the open and that has to be a good thing.

Costs can be a problem and for you will be fairly limited. It would depend on whether the circuit judge requires the written expert opinion (from your second vet) or actual attendance of the expert vet (the expert vet would charge you for this (well I would anyway)). In my experience most judges will accept a written statement.

Your RCVS complaint will almost certainly fall on deaf ears, as this is an issue of negligence and not professional conduct (apart from failing to respond properly to your complaint which is a problem).

BTW the first vet has had your cash for the "opinion" and that opinion was wrong and therefore you have a valid complaint.

hethmar

mrbadexample - do you have legal expenses cover? Check your home contents insurance, often its tag on a a sweetner. If thats the case, you could ring them and ask if this would be a case they would cover.

mrbadexample

simontheiceman wrote: »

You can certainly take a vet to the small claims court - it is open to everyone. I have stacks of experience with the SCC as I am frequently having to chase clients for unpaid bills!

You will almost certainly find, however, that they will kick the case out without an expert opinion and whilst you may be able to self-represent, this will not happen for the vet, who will use porfessional indemnity lawyers to flatten you completely.
Do not be disheartened though. This will mean that they will have to engage with your complaint, and whilst you might not get redress, you can revel in the self-knowledge that you have caused a lot of aggravation.

A solicitors letter might be a better start as that will mean they have to take you seriously (people dont do this and according to my tame litigation lawyer it is the best start against a professional). Either way you stand to bring the issue into the open and that has to be a good thing.

Costs can be a problem and for you will be fairly limited. It would depend on whether the circuit judge requires the written expert opinion (from your second vet) or actual attendance of the expert vet (the expert vet would charge you for this (well I would anyway)). In my experience most judges will accept a written statement.

Your RCVS complaint will almost certainly fall on deaf ears, as this is an issue of negligence and not professional conduct (apart from failing to respond properly to your complaint which is a problem).

BTW the first vet has had your cash for the "opinion" and that opinion was wrong and therefore you have a valid complaint.

Thanks for this.

The original vet did investigate and reply to my initial complaint. Basically, they said that I misunderstood what I was told. However, I am familiar with the meaning of the word "normal", which is the exact word used by the Belgian locum who examined the cat. :rolleyes:

I then wrote a second letter, saying that I had not misunderstood, but had been misinformed, which was the basis for my complaint. I received a one-line reply: "Further to your letter of 14th January 2009, I have reviewed the entire case and have nothing to add to Ms xxxx's comments."

Clearly, the vet was well aware that a complaint made to the RCVS would not get far (I assumed as much after reading their complaints procedure and limitations online, after my original post.) I did mention that I would be making a formal complaint if the matter was not satisfactorily resolved.

I'll post the two letters I sent, which give a much fuller picture. The basis of my complaint is mainly reliant on what I was told verbally, and there really isn't any way I can prove that. My only hope would be if the second vet would remember me saying that blood tests had been done, and the results were normal. After all, I'd hardly say that if it were not the case. The second vet also noticed a number of physical abnormalities that I think should have been picked up by the first.

Anyway, the letters:

mrbadexample

Dear Mr xxxx,

I write with reference to the treatment given by your practice to my cat, between 8-15th October 2008.

I initially brought my cat, Spaghetti, into the practice at xxxxxxxxxx on 8th October 2008. He had not been eating properly for a relatively short period of time. After the primary consultation, I was advised that his blood should be tested in an attempt to diagnose the problem. He was given an injection of Dexafort.

When the results of the initial blood tests were received, I was told that the haematology and electrolyte results were normal. As Spaghetti did not show any improvement after a week, on 15th October 2008 I returned to the practice. I was advised that because the initial blood tests were normal, he should have a further test for feline AIDS and leukaemia. He was given an injection of Dexadreson. When I got home from the secondary consultation, I noted that he had a hard lump on his lip, about the size of a pea. This had not been picked up at either the primary or secondary consultation. I was subsequently told that the second set of blood tests were negative, and that it must be a problem with his teeth. I was advised to have his teeth cleaned at a cost of £350.

I was away from home from 16th October, returning on the 22nd. Spaghetti was cared for by friends whilst I was away.

When I returned on 22nd October, it was clear that Spaghetti had lost weight. As I was unhappy with the treatment Spaghetti had received thus far (I did not believe that the problem was with his teeth), I took him to another practice. At this consultation the lump on Spaghetti’s lip was noted, together with others in his throat and under his tongue. Spaghetti’s haematology and electrolyte results were requested. It was immediately noted that they were obviously abnormal, contrary to the information I had been given. Appended to the results was the handwritten note that Spaghetti was anaemic. Inspection of the results also showed leucopenia, amongst other abnormalities. Since I had been informed that the results were normal I had to have the tests repeated, in order to ensure accuracy.

Tissue samples were taken from the lumps, and Spaghetti was diagnosed with lymphoma. He did not respond to treatment, and had to be put to sleep on 24th October.

I am extremely disappointed with the treatment Spaghetti received from your practice, for the following reasons:

1.The primary consultation was unsatisfactory, as no symptoms of the lymphoma were detected.
2.The haematology and electrolyte results were not correctly interpreted, and I was misinformed. At no time was anaemia mentioned to me, despite this being written on the results. The obvious abnormalities in the white blood cell counts were either not detected or ignored.
3.The secondary consultation was unsatisfactory, as no symptoms of the lymphoma were detected. Since I noticed the lump on his lip after I returned from this consultation, I firmly believe that a qualified professional should have discovered this.
4.The blood tests for feline AIDS and leukaemia were unnecessary, since the haematology and electrolyte results should have provided an indication as to the problem without recourse to these further tests.
5.I was advised that it must be a problem with his teeth, and that the most appropriate course of action was to have them cleaned.
6.Had the symptoms of lymphoma been detected at your practice, either at the consultations or from the abnormal blood test results, an earlier diagnosis may have resulted in a better prognosis. I accept that this is unlikely, but had the extent of the problem been detected prior to my holiday, I may have decided to have Spaghetti put to sleep before I went, thus sparing him an additional week of suffering.

It is for these reasons that I request the following action:

1.An investigation and report from you, in writing, into the substandard level of care my cat received at your practice.
2.A refund of the primary consultation fee (£29.88).
3.A refund of the haematology and electrolyte blood test fees (£63.45)
4.A refund of the secondary consultation fee (£24.83)
5.A refund of the FeLV/FIV blood test fee (£52.29)

I would also request the refund of the charges for the Dexafort (£10.16) and Dexadreson (£10.08) injections if, following your investigation, you do not consider these to be appropriate treatments for lymphoma. As I am not a qualified veterinarian, I do not know whether these injections were appropriate or not.

I look forward to receiving your full report, and remittance of the appropriate refund, at your earliest convenience.

Yours sincerely,

mrbadexample

The other one's on my work laptop, but doesn't really give any more information, just that I was not happy with their response etc.

So, a solicitor's letter. What would that cost me? (I'll check the house insurance tomorrow, cheers hethmar)

How could I get an "expert opinion"? The second vet was fantastic (wish I'd gone there first!), but how can he be expected to say what the first vet should have seen / done? Unfortunately, I was away for almost a week between visits to the first and second vets, so things may have changed in that period. Nevertheless, I noticed one of the lumps myself, on arriving home from the secondary consultation. If I spotted it, I'm damned sure they should have.

TBH, I would be happy just to give them the aggravation you mention. They deserve it. :mad: So far, I have persuaded two friends to stop using this vet, and my campaign will continue. I WILL cost them more than they cost me.

lowis

I have nothing of use to say apat from that I am sorry you lost your cat to lymphoma, and i am also sorry that your original vet let you down so badly. i hope you win your case x

my_gorgeous_ellie-belle

Do they come up on google map listings? - if so you should be able to review the practice, i personally would also put a basic review of what happened just to allow others to make an informed decision when selecting a vet. That way we may just prevent possible further negligence to pets attending this vet. Also the other places they are listed. I honestly read these and make my own informed decision when visiting vets/groomers/etc.

I know it doesn't help your current situation but it may prove helpful to others and their pets.

As long as it doesn't continue to leave you seriously out of pocket please don't give up as it is the only way we can fight this type of negligence. Even though i couldn't give you advice on the legal side i am here for moral support! Big hugs to you.x

simontheiceman

Hmmm.. Interesting case. It is worth noting that there are so many points of error that you are in a very strong position.

I would approach your second opinion vet and ask if they are willing to help in providing a written opinion to help you with seeking some form of recompense. This is really what I mean by "expert opinion" (you are not a vet as you disclose, and therefore cannot be an "expert", but even your second opinion vet can do this for you.). I could not tell you what they will charge but I usually charge around £50 for such an opinion to a client.

In the cases where I have been involved as an "expert" it has usually come as a request from a solicitor, hence my suggestion to pursue a legal route and I think the household legal insurance comment was exceptionally useful.

Clients do try without such insurance but costs are notorious in the legal sector (I spent £2400 for one letter (It was complex) to my business partner). This was with a city law firm and it may be worth seeking a local solicitor who does not charge for the initial consultation, to help you. That way you could get an idea of success and likely costs.

I'd love to see them justify the use of long-acting steroid (dexafort) without a diagnosis!

Be prepared for this to take time - most of the cases in which I have been involved have dragged out over a year or more. Clients often give up due to lack of patience. You need to be tenacious and know what it is you wish to achieve. Try all routes. Like I say, the very worst that occur (for you) is that you will merely create a whole lot of hassle.

Hintza

I'm surprised they have not refunded you (at least in part) just to get rid of you.

Be clear in that the amount you are asking for is a full and final settlement otherwise you will have to take legal advice, that might do the trick. Then follow the steps set out by Simon.

You have no guarantee of sucess so you really need to decide fairly early on how hard and far you are going to pursue this if the decide to play hard ball.

I must admit I initially thought you were just moaning but your letter to them was very clear; well done you.

mrbadexample

my_gorgeous_ellie-belle wrote: »

Do they come up on google map listings?

Oh yes. Oh yes they do. :T