Can I get damages for a vet that did malpractice. Did a c-section on dog her puppies both died,?

Question

A vet did a c-section on my pregnant dog. The xray revealed that the puppies were too young (12 days). they never warned me of the risks of surgery or showed much concern. they just wanted the fee of $753.00. both puppies died an hour later they didn't even suck the mucus out of their tiny throats. These were purebred dachshund puppies.
I was so upset and still they told me after I called to complain that they were just doing what I asked them to do. but shouldn't they have consulted with me first. I will never go there again. Any advise would be helpful. Can I bring them to small claims court to recover the cost of the puppies. As they were both sold and the buyers went somewhere else.
My boyfriend was with me and also agrees that no-one talked to us at all before, during or even after.
Thanks
Diane [e-mail]

Answer 1

You should have had veterinary care throughout her pregnancy, not just at the end when she was in trouble. Even if you do everything properly, things can go wrong in a hurry. Go ahead and try to sue them. I'm sure an attorney would love to bill you $400 hr. to get your money back.

Answer 2

No vet i know will do a c section on a dog if the pups are too underdeveloped unless there are concerns for the momma and pups. If they were just doing what you told them to do, then they did talk to you. If they performed the c section without your knowledge or consent, eg informed you after, then you can take them to court, both for cost of procedure, and compensation for the dogs, but it will be minimal. Maybe there was a miscommunication between you and the vet, that has happened to me before. There had to be a reason why they considered the c section in the first place, did you enquire about it, was there a problem? You will have to look at all the reasons the vet did this or it will get thumped out of court.

Answer 3

I'm sorry you lost your pups, dachshunds are sweet little guys. If your going to get into the dog breeding business, and sell pups either for a living or as a hobby you better just get used to heartbreaks like these. It sounds harsh, even rude but the it is the truth. Pregnancies are not fool proof with any dog, especially small ones. You seem to only be concerned about the loss of pups, your probably lucky you still have the mother. If you love your dachshund, spaying and neutering is the most kind that you can do.

As for your vet, you have to be in charge of whats going on. If you don't take an active, and I mean in the room while the procedure is going on, type interest then you can't know what happened for sure. There are vets of varying skill out there, that's why you have to find a good one, or the best one for you and your dog. They can't talk, so you have too.

You can go ahead and send some bad feedback or whatever on me now. No one ever went to hell for telling the truth.

Answer 4

This doesn't address your question about culling, other than..It is too soon to tell. If the Catahoulas are of the 'patchwork' pattern, they can continue to develop pigmentation for several weeks, and may not be as white as they seem. ( Just as Dalmatians develop spots as they grow) They may or may not end up as 'excessive white'. By the time that they are 8 weeks old, the breeder will know if there are any deaf or blind puppies. However, the apparently healthy EW pups should go to homes that have an understanding that there is a small possibility of demodex or other skin problems. Unless both parents are double merle, then there is little concern over the other genetic issues, such as intestinal problems. The breeder should counsel with an experienced Catahoula mentor to learn more about the statistics. ( having pedigree in hand)

Answer 5

First of all, the vet must have had a reason for opting for a caesarian. I work at a clinic, and when the vet decides that a c-section is the last option, it comes down to act now or risk the life of the pups and the mama. I have revived puppies, and it requires hours of rubbing the puppies, and not sucking the mucus, but rocking back and forth to expel it from their mouths. This is all very stressful on the vet, because he has to keep an eye on the mom and the pups.
$753 is really cheap to do a c-section and rads, and like any dog giving birth, puppies may die sometimes. This is just a leson to not count the chickens before they hatch. I am sorry for your loss, and I would advise a complete overview of an estimate if you do not understand what a procedure entails.

Answer 6

This is the reason I want the Vetrenary system changed!

If we all spoke up and demanded that they "pick an Animal" and then break it down into sub catagories (organ, fertility/ob, skin/eyes/teeth/sinus).

There is no way a Vet can know everything about all animals.

It's also time for alternative health options as well (how many vets will tell you to use cranberry extract for a bladder infection)

*Oh yeah, I almost forgot.... I'm sorry for your loss. I don't know if you're a Professional Breeder or a Backyard Breeder but he should have never handled your dog if he wasn't experienced in birthing.

Find out from your friends or go to a dog show to ask who they use, get feedback on this Vet and if you find that he wasn't experienced... you do have a case.

Answer 7

1) x-rays can NOT reveal if puppies are too young or not nor the days..it only can reveal skeletal

2) c-sections are very hard on a mother and pups and it isn't unusual for pups to die..one or whole litter

3) surgical risk is common knowledge

4) $753 isn't all that high for a c-section


I'm sorry you lost the puppies, not to be rude but if you breed you should have been aware long before ever breeding that Dachshunds have a high rate of c-sections and that still birth and other issues are also common in the breed (as it is in most of the smaller breeds). Just because a dog is purebred doesn't mean it should ever be bred...dogs aren't baby or money making machines.

It sounds like your vet did what was needed..a c-sections was necassary..without it you would likely have not only lost the pups but mom too...breeding is a risk..

Answer 8

This doesn't make much sense to me. Why did you let them do a c-section in the first place if you knew from the x-rays that the pups were too young? I'm sorry, but everyone knows that surgery carries risks, especially for newborns. What do you mean they didn't consult with you first--Didn't you sign a consent form? Why was your dog at the vet in the first place, and how did she get there? You can sue anyone in Small Claims court, but if I was the judge, you'd lose, unless you could prove to me that they kidnapped your dog and did a c-section without your knowledge or consent.

Answer 9

This is a complicated issue. First you would have to check if your state has any laws that cover your claim. Most states will not allow you to collect due to the fact that you most certainly consented to the surgery. Also, pets are considered property in MOST states. There by you will only be able to cover the cost (if pemitted by law) up to the value of the dog. But you will have to almost certainly show to the court that the vet commited malpractice. I would suggest you contact an attorney who would know the laws in your jurisdiction. But IMO, I dont think you can recover any damages from this. Again, laws differ from state to state and your state may have a law in the books that covers incidents like yours (especially if you live in a state where farming and cattle is a way of life).

Answer 10

Well I would think that if you asked them to do it, and they did it, you probably signed a notice stating that you released them from responsibility. If not, you might try small claims court, but good luck.