Can I sue my vet? My english bulldog cleo got spayed on a wed. the next day I got home from work her staples had come loose and her stomach lining was poking through. I rushed her to the emergency vet and I had to pay $800 for her to get reopened. They told me the sutra or inside stiches had come loose. The vet who did the spay said that those things just happen and there was no need to take her to a emergency vet because her situation was not life threatening. I dont know about you but I was not going to let my dog go over night bleeding and get stomach sticking out of her staples until my original vet is open. Im not a vet I dont know what is life threatening to a animal. Now the vet is refusing to fax me the paperwork regarding her spay surgery, such as the consent form I signed. What sohuld I do?
2006-10-17 06:40:40 · 35 answers · asked by Whitney H 1 in Pets ➔ Dogs
This is a question for a lawyer. Find one who might be willing to take the case on a contingency basis if possible. An attorney will be able to to get the medical records for you and will let you know if you have a case. Good luck.
Oh, and I would done the same thing as you and taken the dog to an emergency vet, too. You did the right thing. I hope your dog is all better and has finally recovered from this horrible incident.
2006-10-17 06:56:09 · answer #1 · answered by HDB 7 · 1⤊ 1⤋
Got news for all you "GET AN ATTORNEY folks.
The news is - no one would touch this case.
It would require expert veterinary medical witnesses. Try about $2000 -5000 for that. I'll guarantee that the local Vet ER doc won't testify since the ER clinics are oprated by the vets in an area - they all kick in on the cost.
It would require at least 6-12 hours of attorney time just to get the information, get the expert witness and draft the complaint. Multiply 6-12 by $150 (minimum) an hour. (Oh and people, forget the silly of idea of getting "written statements about what was done. You have to produce real live witneses about the facts. Sheesh - stop watching so much TV>)
Okay, $2000 -5000 plus $900 -$1800 = $2900 - 5900 to get started. That does NOT include pre-trial hearings or a trial. (Add another 30-40 hours.)
What would she get? The ER vet bill and not one penny more. No attorney fees. No emotional distress. No one thing more
No one will take a case where the client will spend that kind of money and get less than it costs. That was rule # 2 that we learned in law school (right after law has nothing to do with justice.) I'm retired now but I can guarantee no on will touch this. They won't even give her an appintment - this is not a "free consultation on an accident case where there is an insurer and damages for more than the bill with paind % sufferring, lost income etc. . Under the law, dogs are personal property like refrigerators - you can only recover the costs of repairs or replacement.
Now, on the sutures coming out, yes it does happen. Yes it is a risk - that is why they tell you to watch the animal. The dog coughs or rolls or twists or manages to chew, and they can pop the stiches internally and/or externally. No, I don't believe that the dog's "stomach was hanging out" as the incisions on a spay are only 2 - 3 inches long (and the stomach is a ways forward from the uterus! You would see the a little internal abdominal wall or in this case, some internal tissue pressing against he external sututres. It is not life threatening. It is not painful. I would bet the emergency vet told her the same thing - that they could bandage her up and she could go back to her vet in the AM but the poster was not being rational and wanted it done right then and there. The resututure surgery is no more difficult than the original spay - it is that ERS (human and animal) are always about 4-5 times more expensive.
Give her a pet for me - love bulldogs. My grandfather had them for 50 years.
NOTE FROM ABOVE POST Paralegals should NEVER give legal advice. I would have fired you for what you said. You are dead 100% completely wrong.
2006-10-17 08:05:48 · answer #2 · answered by ann a 4 · 1⤊ 1⤋
It really depends on where you live. I have been a vet- tech for many years and I am a manager of an SPCA. Sometimes if a dog is really over active or has to climb a lot of stairs the sutures can become loose. It would be hard to take to court because you were at work and you do not really know what your dog was doing during that time. If she jumped up and down from couches or chairs that could also cause the sutures to become loose. I know that I would have been scared too because this is not something that would normally happen. We tell our patients owners to keep the animal mellow and if they have to leave the animal alone then to make sure that the animal is confined to a small area or crated. We also tell the animals owners to clean the site and to use Neosporin or Bactatracin on it to help keep it from getting infected. Half peroxide and half sterile water to clean them. I don't understand why the vet couldn't be called when you came home. Most offices have after hours emergency numbers and that vet should have taken care of the situation. I would never go back to that vet for that reason alone. Also, your animals vet records are legally yours. We have to provide vet records for our clients all of the time and unless they are hiding something they should give them to you, no questions asked. I would go to another vet that I trusted and I would have them fax over all of the records to the new vet and then get copies from them. Good Luck. I appreciate the fact that you did the right thing in getting your pet spayed. I am sorry that it was such a bad experience for you. I have been in this business for a long time and this doesn't seem right to me. Call an attorney in your area.
2006-10-17 07:14:06 · answer #3 · answered by angelsforanimals 3 · 0⤊ 1⤋
From what you have said, your vet has done nothing wrong. Providing a parvo test before every vaccine is ridiculous. It makes no sense to test a healthy puppy, and would become very expensive for owners. If you tested before you gave the first shot, you would also have to test before the second, third, and fourth because a puppy does not receive full immunity from the vaccines until around 15 weeks if they have a full series. Your puppy was most likely already exposed to parvo before coming to the clinic, but without any symptoms would probably not have had a positive parvo test any way. It is possible that your pet had an allergic reaction to the vaccines, but often times that will appear in the first few hours after a vaccine. Since this is not something your vet could foresee, there is no blame to put on him. If a lot of people are having the same problems with the same brand/ lot of vaccines, then the manufacturer needs to be contacted because there might be something up with the vaccine.
2016-05-22 08:57:33 · answer #4 · answered by Liana 4 · 0⤊ 0⤋
Clearly, the second vet thought the surgery was an emergency; they performed it immediately. If they didn't feel it was an emergency, they would have sent you home with instructions to go to your vet in the morning.
Have the second vet write an Affidavit (a brief synopsis along with his professional opinion whether the dog needed the surgery) and have it notarized.
The court will look at what a "reasonable person" would have done in your situation. You relied on the vetrinarian to educate you as necessary. I think you could probably recover some monies in small claims court. You will not need an attorney for this.
Go to your County Courthouse and ask them to open a file for you. You can subpoena the documents that the vet will not give you freely. It is called a subpoena Duces Tecum (meaning-bring the documents to court with you). If he doesn't show up for Court or shows without the documents the Court can find him in contempt and a bench warrant will be issued.
Good luck.
2006-10-17 07:55:45 · answer #5 · answered by Lodiju 3 · 1⤊ 0⤋
Can't answer the release forms.
I can however, let you in on a secret.
Unfortunately, dogs like to run around. Even after surgery. They don't know to sit still and let the healing go on.
Your dog probably got active, and in turn caused the staples to get loose. That in turn caused the situation you had. A vet cannot control your dogs wanting to run after surgery. That is more of your responsibility. Sorry man, but I don't think you have much of a case.
However, if a vet can prove that your vet did the surgery wrong, then you probably have something. Not sure exactly HOW, but you can get a court to request the medical information from your vet. Then the HAVE to give the surgery info. Try asking a lawyer on how to get the info.
2006-10-17 07:08:06 · answer #6 · answered by Patch G 3 · 1⤊ 0⤋
You could sue but most likely woudn't win. What the vet said was true about it not being life threatening, although like you said, it was scary and you didnt want to wait. There are too many variables though to prove negligence, unless you could get in writing from teh second vet that something was done wrong.
The worst part is, the original vet most likely would have charged you too if you came back...I had a similar thing happne and was really pissed. It was there fault and they still charged me an office visit. That's why the call it "practicing" medicine I guess!
Learn from this though, and finsd a new vet that has 24 hour care available, because things always seem to happen with pets after hours or on weekends!
Sorry for your bad experience!
2006-10-17 07:19:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
There is no need to sue. That does happen and it is very common. When my animals were spayed or neutered they would like themselves after the surgery and ended up removing the staples. We had to put a cone on one of cats head to stop him from licking himself and return to the vet to staple the wound. What the vet should have done was tell you all the consequence that could happen if your pet had the surgery. It is unfortunate that you had to go to the emergency room but when it happened to my pets we went back to the ver office.
As for faxing the information, just go to the vet office and ask for it in person. I tried to get a copy of my dog’s history so I could bring her to another vet and they wouldn’t fax the information to me. At least if you went in person you can argue your case and make such a noise that they will give you the information. Plus I would suggest changing vets.
2006-10-17 08:04:50 · answer #8 · answered by luvlynspecial 2 · 0⤊ 1⤋
Without seeing the consent form that you signed before you took your pet in for surgery, I would go out on a limb to guess that there was some kind of CYA clause to cover your vet's behind in case of some error or, in your case, a "non life threatening situation" occurs after surgery. I would think that you are probably not going to have any recourse in getting your original vet to pay for your emergency visit or even to reimburse you a portion of the surgery costs.
I would be right there with you. I would not wait until morning to let my dog be in pain. I would rather over compensate in a non-life threatening situation than to take a life threatening one with a grain of salt.
I hope that you dog heals up well and I would highly suggest that you find a new vet!
2006-10-17 06:55:35 · answer #9 · answered by Angel 3 · 2⤊ 0⤋
Get a detailed statement, signed and notarized on business letterhead, from your emergency vet about what condition the dog was in when they evaluated her, what had been done wrong, in his professional opinion, and what had to be done to correct it. Also, have him include what his experience is, how long he has been a vet, and how many spay/neuter procedures he has done, and if what happened really is common or not.
Armed with such a statement, you will have a tough time losing in small claims court, even if your first vet hides everything from you.
Then, go to small claims and file against him. You don't need an attorney, but one should be easy to find if you want to. You DO have a strong case.
2006-10-17 07:11:33 · answer #10 · answered by elchistoso69 5 · 0⤊ 1⤋