My question involves small claims court in the state of: New York

Can I sue a veterinary office in small claims court?

My dog developed a rash on his belly several months ago. I took him to the vet and was given a prescription for antibiotics. No tests were performed, the vet looked at him from a few feet away and decided it was bacterial. The antibiotic seemed to help but a week or so after coming of the meds, the rash came back. I returned to the office and another vet (part of the same group) prescribed the same medication for a longer duration (also without performing any tests).

The third time the rash came back, I returned to the office and saw the first vet. I asked her if there was anything stronger she could prescribe, apparently Keflex was not effective. She prescribed something different (still no testing).

Midway through that prescription, my dog's rash appeared to be getting worse so I took him back to the office. Apparently I had been giving approximately 2/3 of the prescribed dosage as it wasn't explained to me at the last visit, just handed an envelope full of pills with instructions I misunderstood. The vet refilled the prescription and I was to start all over from the beginning. This time she explained how to give the meds (although it didn't matter - it was the wrong prescription anyway). I asked her if she was sure about the diagnosis, and whether further testing such as culture/sensitivity or a blood test was warranted. She said no.

The day I gave him the last pill (and noticed that while the rash was less severe, it hadn't gone away completely), I decided to go for a second opinion. I wish I had done so sooner. I went to another office that came highly recommended. The difference was night and day.

I was asked to bring records of all his shots (something the first vet never asked me for), a stool sample to test for parasites (negative, but still, very thorough on their part), the vet gave a complete physical exam that ended in taking a culture from one of the lesions.

Several days later he was diagnosed with MRSA, a drug-resistant strain of staph infection. The drugs prescribed at the first office were useless. We finally knew what medication to give him and started it immediately.

I spent $500 for the wrong medication and my dog suffered for three or four months when performing a simple test could have determined the right medication in the first place. Am I entitled to that money back and is small claims court the right venue?