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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I intend issuing proceedings against a Royal College Veterinary

Customer Question

I intend issuing proceedings against a Royal College Veterinary Surgeon for malpractice, i.e. failing in a duty of care to a sick animal. How should I word the charge please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What is the basis of your claim please?
JACUSTOMER-vm9u4gs8- :

My appointment with a named RCVS practice director was dishonoured. Surgery was taken by a young inexperienced assistant quite unable to cope with a powerful Gander even with my help. Requested, the RCVS director impatiently attended. Without a word, clearly agitated and annoyed his body language oozed volumes. His scant ‘examination’ took precisely 10 seconds before leaving bellowing ‘Infection’. The assistant then administered an antibiotic injection.

Two weeks and no improvement I sought Vet’ treatment elsewhere. Sedated within five minutes a tumour was diagnosed. As a consequence of initial malpractice and duty of care the animal had been allowed to suffer unnecessarily for two a further weeks. Final attention was advised.

Footnote: Perhaps the appearance of a shabbily dressed octogenarian with a worthless old goose

may well have had some bearing on the matter initially.

Alex Watts :

How much are you seeking to recover?

JACUSTOMER-vm9u4gs8- :

It's no a question of money. It's a conviction in terms of the law for negligence in the treatment of one of my flock. A RCVS have a duty of care.

Alex Watts :

Thats a civil matter though not criminal so there would not be a conviction as such

JACUSTOMER-vm9u4gs8- :

Forgive me Alex, I struggle with this sort of thing. I've never done 'chat' before. OK then, if it's a civic matter and money is the answer, so be it. Where do I go from here?

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

If they are registered you may also wish to contact the Regulator to make a formal complaint

Alex Watts :

For more information on that please see:

Alex Watts :

http://www.rcvs.org.uk/about-us/contact-us/

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-vm9u4gs8- :

Not today thank you Alex but I would like to leave it open for a few days. Our family business reopens Monday 5/1/15 when my daughters may well be able to guide me on.

Alex Watts :

Indeed. If you do decide you have no further questions if I could invite you to rate my answer.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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