QUESTION
Can I sue a vet clinic for falsely reporting me to the SPCA?
Asked on Sep 08th, 2012 on Criminal Law - Michigan
More details to this question:
I took my cat in to the vet for treatment of a possible broken leg 2 days ago. After an $80 visit fee, we were informed that the leg MIGHT be broken and were given an estimate of nearly $400 for xrays to determine if the leg was actually broken. We chose to give it a few days and monitor his progress. Yesterday, we received a call from the vet clinic asking us if we wanted to go through with the xrays and we declined. This morning we were visited by to officers from the SPCA. They informed us that they were contacted by the clinic and were told that we had refused treatment for an animal with a broken leg. We were cited and given seven days to have the cat reexamined and treated for the broken leg, and that the SPCA would need to be notified by the examining vet that this had been done. WHAT? The vet doesn't even know if the leg IS broke. Now we HAVE to spend $400 on him, and he's walking around fine. Isn't this some form of blackmail?
13 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anybody can sue anybody for anything. Winning is a different issue. First you would have to unconditionally ?win? the criminal charges by getting a complete dismissal based upon a finding of factual innocence. When charged with any crime, the proper questions are, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in the criminal charges and possible later civil action, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
Answered on Sep 13th, 2012 at 8:53 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This is protection of the animal. If you get an xray and it is negative then fine. If it is broken that could be cruelty to animals. Get it examined!!!!
Answered on Sep 13th, 2012 at 8:40 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No you can't sue the vet clinic. The vet clinic simply complied with its reporting obligations.
Answered on Sep 13th, 2012 at 8:33 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Get another vet's opinion that the leg is broken.
Answered on Sep 13th, 2012 at 8:32 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It sounds fishy, but perhaps an x-ray was done in the interim.
Answered on Sep 13th, 2012 at 8:14 PM
Dennis P. Mikko
The SPCA does not have authority it issue any form of charges. They could report a problem to the local authorities. You should find another vet.
Answered on Sep 13th, 2012 at 8:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney. This does sound unbelievable.
Answered on Sep 13th, 2012 at 11:34 AM
Michael J. Breczinski
I would think so since they did not tell you the leg was broken. I would tell the SPCA where to get off since the animal was not definately diagnosed with a broken leg.? I would take the animal to another vet. I would get another opinion.
Answered on Sep 13th, 2012 at 10:08 AM
NO. Take care of your INJURED CAT. Would you refuse treatment if your kid had a broken leg Cat's in PAIN . . . HELP IT.
Answered on Sep 13th, 2012 at 9:00 AM
Sounds like the Vet is not being ethical but you need to post this question on a civil forum as it does not appear to be a criminal question.
Answered on Sep 13th, 2012 at 8:59 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Why not just go to another vet for a second opinion Suing the vet is not going to get you anywhere. Civil suits require you to prove that you were damaged in some way. There aren't any damages here. The SPCA isn't a law enforcement agency, so whatever "citation" they issued to you has no legal consequences for you.
Answered on Sep 13th, 2012 at 8:53 AM
Sure you can, just be prepared to cough up the hundreds of dollars per hour in legal fees your attorney will need to sue them for you.
Answered on Sep 13th, 2012 at 8:44 AM
Keeley D. Heath
What it sounds like is a SCAM. The SPCA is a private, non-profit organization. They have volunteers, not "officers." If someone came to your home claiming to be an "officer" from the SPCA, and issued you a "citation," they need to be reported to the police for impersonating law enforcement. If your cat is no longer showing signs of pain or discomfort, I can't see why you would spend $400 on x-rays at this point. It's your pet, and your choice, and it certainly is not against the law to not seek treatment for your animal when it is absolutely unnecessary. Report the people who showed up to your home to the police, and find yourself a new vet who isn't a scam artist. Do not spend the $400.
Answered on Sep 13th, 2012 at 8:35 AM