Section 75 - Vets

kangaroo67

It was to treat poisoning from ingesting something toxic and was kept in on fluids. 

No insurance unfortunately. 

Manxman_in_exile

How could your dog end up with a broken leg being treated for poisoning?

It's over 40 years since I studied law but I seem to recall a doctrine called "res ipsa locquiter".  (?spelling?)  Basically it means that "the thing speaks for itself".  If your dog went into the vets to be treated for poisoning and ended up with a broken leg because of something done by the vet or their staff, I imagine it would be easy to establish that they were negligent.  (But obviously I don't know all the pertinent circumstances as you don't want to reveal all the facts for fear of being identified).

If the first vet won't play ball, I think I'd send a Letter Before Claim and be prepared to sue them.

That might be quicker and more straightforward than arguing a s75 claim.  But I don't know.  Just my view, not advice...

Sandtree

Manxman_in_exile said:

I seem to recall a doctrine called "res ipsa locquiter".  (?spelling?)  Basically it means that "the thing speaks for itself".  

Though I should be the last person to correct anyone's spelling...

res ipsa loquitur

Exactly translates to "the thing speaks for itself"... basically means the fact it happened is evidence enough that there was negligence 

Whilst I am close to agreeing it would still be good to know exactly how the animals leg was broken whilst in the care of the vets

Ms_Chocaholic

kangaroo67 said:

cx6 said:

Also, did you pay the bill with your credit card AFTER you know about the problems ie when it came to take your pet home? This might also act against S75 being possible, as at that point you knew there was a problem.

Great question - no. Paid for by phone and then had him brought out to me (COVID rules and all...)

Were you aware that the dog had a broken leg before you went to pick him/her up? Why didn't the vet seek treatment for the dog rather than wait for you to turn up and pay the vet fees and hand the dog over with a broken leg.

kangaroo67

Whilst I am close to agreeing it would still be good to know exactly how the animals leg was broken whilst in the care of the vets

And there lies the golden question which as you might expect, nobody wants to  answer - probably because doing so would be admitting liability. 

kangaroo67

Ms_Chocaholic said:

kangaroo67 said:

cx6 said:

Also, did you pay the bill with your credit card AFTER you know about the problems ie when it came to take your pet home? This might also act against S75 being possible, as at that point you knew there was a problem.

Great question - no. Paid for by phone and then had him brought out to me (COVID rules and all...)

Were you aware that the dog had a broken leg before you went to pick him/her up? Why didn't the vet seek treatment for the dog rather than wait for you to turn up and pay the vet fees and hand the dog over with a broken leg.

I was not aware, no. I certainly wouldn’t have paid any money otherwise. 

It wasn’t known, apparently. I struggle to understand how it could happen without anyone being aware though, even if it wasn’t intentional. 

Ms_Chocaholic

kangaroo67 said:

Ms_Chocaholic said:

kangaroo67 said:

cx6 said:

Also, did you pay the bill with your credit card AFTER you know about the problems ie when it came to take your pet home? This might also act against S75 being possible, as at that point you knew there was a problem.

Great question - no. Paid for by phone and then had him brought out to me (COVID rules and all...)

Were you aware that the dog had a broken leg before you went to pick him/her up? Why didn't the vet seek treatment for the dog rather than wait for you to turn up and pay the vet fees and hand the dog over with a broken leg.

I was not aware, no. I certainly wouldn’t have paid any money otherwise. 

It wasn’t known, apparently. I struggle to understand how it could happen without anyone being aware though, even if it wasn’t intentional. 

Sorry for all the questions, so how did you realise he had a broken leg, was it obvious to you when you got him back.

Manxman_in_exile

Ms_Chocaholic said:

kangaroo67 said:

Ms_Chocaholic said:

kangaroo67 said:

cx6 said:

Also, did you pay the bill with your credit card AFTER you know about the problems ie when it came to take your pet home? This might also act against S75 being possible, as at that point you knew there was a problem.

Great question - no. Paid for by phone and then had him brought out to me (COVID rules and all...)

Were you aware that the dog had a broken leg before you went to pick him/her up? Why didn't the vet seek treatment for the dog rather than wait for you to turn up and pay the vet fees and hand the dog over with a broken leg.

I was not aware, no. I certainly wouldn’t have paid any money otherwise. 

It wasn’t known, apparently. I struggle to understand how it could happen without anyone being aware though, even if it wasn’t intentional. 

Sorry for all the questions, so how did you realise he had a broken leg, was it obvious to you when you got him back.

Good question...

kangaroo67

He was unable to walk normally on all four legs. It was obvious there was an issue (to me). 

Manxman_in_exile

kangaroo67 said:

Ms_Chocaholic said:

kangaroo67 said:

cx6 said:

Also, did you pay the bill with your credit card AFTER you know about the problems ie when it came to take your pet home? This might also act against S75 being possible, as at that point you knew there was a problem.

Great question - no. Paid for by phone and then had him brought out to me (COVID rules and all...)

Were you aware that the dog had a broken leg before you went to pick him/her up? Why didn't the vet seek treatment for the dog rather than wait for you to turn up and pay the vet fees and hand the dog over with a broken leg.

I was not aware, no. I certainly wouldn’t have paid any money otherwise. 

It wasn’t known, apparently. I struggle to understand how it could happen without anyone being aware though, even if it wasn’t intentional. 

If you took the dog in to be treated for poisoning and its leg was broken while in their care, but they didn't notice(!) I would suggest that makes them look even more culpable!

Have you not put it to the first vet that this episode makes them look incompetent?  Do they want you to sue them?

(I'd still be interested to know how you found out about the leg.  Did you bring it back to the first vet?)