How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My dog lost his hearing after the vet prescribed Otomax ear

Resolved Question:

My dog lost his hearing after the vet prescribed Otomax ear drops. Although deafness is noted as a possible side effect on the information leaflet, the vet administered the drops before I was given the leaflet. Also, he did not inform me that this could be a problem, especially in older dogs. Do you think there is any claim I could make, either against the drug company or the vet? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

I'm really sorry but Im not sure you can.

Ultimately dogs are property however much they mean to us. It is possible to argue that he should have had your consent before administering this but the royal college of surgeons does allow them to act in the best interest of the animal.

Also, the fact that a treatment has possible side effects does not mean its use is negligent. Its a matter of balancing risk against gain. This treatment is fairly widely used.

Furthermore, even if you could show neglected I'm not sure you can show loss. I understand that nobody wants their dogs to be deafened but it doesn't give rise to medical bills per se and you cannot claim for personal injury on behalf of the dog. You may have a claim for any actual financial loss arising from it if you can show negligence.

I'm very sorry but I can only tell you the truth.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Thanks for your help. It was as I expected really. Just one more thing: Since my little dog was first prescribed Otomax, she has had to return to the vet's three times. Each time was connected to the loss of hearing and each time he charged me a full consultation fee. Maybe this is just something I should mention to him myself, rather than through a solicitor?

Expert:  Jo C. replied 3 years ago.
Its always best to try to negotiate first. Apart from anything else its cheaper.

If you can show negligence you could claim the cost of the treatment
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your help. It seems so sad that this could have happened and that no one will be held responsible. I guess it's something to put down to experience and change my vet, if he doesn't agree about the charges Smile

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions