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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5459
Experience:  Senior Associate Solicitor
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Our dog wasn't feeling well one evening and we've taken him

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hi. our dog wasn't feeling well one evening and we've taken him to an emergency vet. they said it's really bad, need to operate asap as he might die overnight. they haven't showed us anything, scans, X-rays etc. they've operated, removed a tumour but during the operation they wrongly damaged an urethra (links kidney to bladder). they were supposed to send a piece of tumour for tests asap but they "forgot" for 3 days. this was extremely urgent. we've then taken our boy to some specialists (Davies vets) who tested and tried all they could but because that urethra has been damaged and the other kidney was not performing well, our boy unfortunately went into kidney failure and we've lost him. We've taken him to the emergency vets on January 30th and he was gone February 27th... I cannot express how heartbroken we were and still are. the insurance covered a lot of this treatments, we've paid close to £2,000 as well. Now the emergency vets are requesting a difference of £1,000 that wasn't paid by the insurance. I'm contesting this as it's due to their poor performance and mistakes that we've lost him. The specialist themselves said things could've been done during the surgery much better to not have this outcome. Now we have a debt recovery firm contacting us for this money and don't know what to do. I cannot put a claim for negligence or malpractice against them because they're not vets. They're threatening court proceedings. Please, we need some advise. Many thanks in advance!
JA: Where are you? It matters because laws vary by location.
Customer: England. Midlands/South East. Milton Keynes/Northampton area.
JA: What steps have you taken so far?
Customer: tried to explain this to both vets and debt collectors. nobody cares. They want money
JA: Anything else you want the lawyer to know before I connect you?
Customer: this has caused us a lot of grief and heartache. they are insensitive and only want to be paid, no matter what. They got it wrong, they should be pleased we're not claiming compensation

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening. I am just reviewing your question.

I am sorry to hear of the situation. I note they are threatening court proceedings however the service is covered by the Consumer Rights Act 2015 which states that the service must be carried out with reasonably care and skill.

I am unsure if you have anything in writing from the specialist vets to confirm the emergency vets were negligent?. This should be sought if not as you will need to prove this and hence the reason for non-payment.

You should dispute the claim and you should defend any court proceedings which might be issued. It would be a small claim so no lawyer would be needed - small claims are easy to navigate and you can always come back here for advice if you need it.

If they do sue then the court will send you a claim form and a response pack (the latter of which is attached so you know what it looks like). It is the response pack which you would need to fill in and return to the court (when the time comes). There is not much else you can do at this stage save for telling the debt company you continue to dispute the claim.

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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