The vet pulled medicine in my dogs ear and he is deaf now?

UPDATED: Sep 30, 2022

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The vet pulled medicine in my dogs ear and he is deaf now?

Osurina Otic Gel was used last Saturday on my dog. Now he is deaf. and the vet
was still wanting us to bring him back to put more in his ear. What legal rights
do I have?

Asked on August 9, 2016 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, the vet is only potentially liable if she was negligent, or unreasonably careless, in using this medicine or gel on your dog. If using it was a reasonable decision given the symptoms your dog was showing, the care it was receiving, etc., then the vet is not liable; like with human malpractice, the vet is only liable if she was careless and did something wrong. (It also goes without saying that the medicine or gel would have to be provably--e.g. by the expert opinion of another vet--the cause of any hearing loss.)
Even if the vet was liable, the amount of compensation you could get (for which you'd have to sue, if the vet does not voluntarily pay you something) is fairly limited; unlike with human medical malpractice cases, there is no compensation for "pain and suffering." There is also no compensation for your own emotional upset or stress. You would most likely be limited to recovering the cost of any future, hearing-related medical care your dog needed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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