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  1. #1
    Join Date
    May 2017
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    2

    Default How to Prove Medical Negligence by a Veterinarian

    My question involves malpractice in the state of: Tennessee. I sued a veterinarian in small claims. I won due to his negligence and poor records. He has appealed and it will be a trial de Novo. During the first trial, he kept saying he didn't bring all of the records they had blood on them. He finally snapped and said his word should mean more than any written record. Keep in mind, he has a criminal records. I don't know if I can object to his records he will most likely bring, as I am sure he has been creating new records since. For example, the record he provided had x-ray results dated before the x-rays were dated.
    Can I bring up his prior record and his state board reprimands? Do I need a lawyer? The case is only for $738. Thanks.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Medical Negligence by a Veterinarian

    He can present his records at trial. If you want to argue that the records have been altered, you can make that argument to the court while presenting whatever evidence you have of alteration. The court will then have to decide whether the records are accurate or altered.

    You can try bringing up prior history, but I doubt that the court will deem that history to be relevant or admissible. If he has an honesty-related criminal conviction within the past ten years, that conviction may be admissible on the issue of his credibility. See Rules of Evidence, 608 and 609.

    It is not worth hiring a lawyer for a $738 case.

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