Horse Gestation

So I had a week old foal, who got his front leg smashed a bit against the Round pin wall by the mare, The stable owner said that he could get a fever because of inflammation of some sort, so instead of risking it i decided to call a veterinarian. This lady said that it was nothing to worry about but she still gave him a shot of penicillin about 7mg, she ordered that i give it another shot today, and one tomorrow for the same amount. Earlier today i received a call that the foal was whimpering, whining, and that he was sick, I called the vet and she said in spanish "no es para tanto" or telling me i was exaggerating, Unfortunately it died, could she be sued for malpractice?

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