It is mal-practice but I don't believe you can sue for more than the dogs worth plus the cost of surgery... the courts put very little value on dogs... NOW is this your regular Vet.. if so, just let it drop... if this is a place that does surgery then start quibbling for that buck...
good luck kiddo
I'm in your corner on this
H.O.T. Dog
Handler Owner Trainer of GSD's
Member U.S.A & A.W.D.F
2007-07-26 05:23:08
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answer #1
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answered by H.O.T. Dog 6
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You can always discuss this with a lawyer to see what they say, but by allowing the vet to do the correct eye for no extra charge, you may have waived some rights. All doctors can make a mistake. If they correct it, they are doing the right thing. I hope the ulcer is also going to be treated! You may wish to use another vet in the future if you feel uncomfortable with this one. Also to consider...By the time the vet gets into the surgery, the dog has been prepped and draped by his staff, he only sees the surgical area. So his staff may be in a lot of hot water with this vet, let's hope. What should be considered for a case will be the dog's degree of pain and suffering and if there is a permanent, negative outcome due to the mistake.
I hope you dog is doing well today and will recover from his ordeal nicely.
2007-07-26 12:26:00
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answer #2
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answered by ibbibud 5
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Wow.. You sure your vet doesn't need some eye surgery of his own.. I would talk to him about it.. I met a guy who the doctor operated on the wrong knee.. He got a ton of money for it.. Tell the vet that you are concerned with his mistake and you aren't real confident in him.. You are having a hard time recommending him to your friends when they ask about a vet. You are not at all impressed with this error and this is a dog that you love.. What do you say pal... Maybe we should talk about how this problem can be rectified.. Free surgery is a given, he screwed up.. What about the eye that didn't need surgery?? What might become of that in the future? Will the dog have problems? Don't threaten, but let him know that you are very aware that he made a humungous mistake.. and you are not pleased at all..
2007-07-26 12:21:47
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answer #3
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answered by DP 7
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Yes, I would talk to the vet that performed the surgery or the top vet (the one who owns the practice). A few years ago my Maltese broke a front tooth. I took him to the vet and he said the tooth should come out and he should have a teeth cleaning anyway. This was around Christmas time. When I went to pick him up from the vet I discovered they cleaned his teeth but did not remove the broken one. The tech explained that another vet was on duty that day and didn't think the tooth should come out. I called the next day to speak to that vet (the one who didn't remove the tooth) and explained that the reason we brought him in for the cleaning was because he needed that tooth out anyway. Otherwise we would have waited until after the holidays when we had more money and would have gotten his teeth cleaned. The only solution the vet came up with was they would not charge us for the extraction if it needed to come out. I was not totally satisfied as it's the anesthesia that costs the most. The tooth never needed to come out, though, so we got lucky. So if it was my dog I would ask that the second surgery not be covered. You can also contact their state board and they will look into the case. Good luck!
2007-07-26 12:33:05
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answer #4
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answered by erins_kotybear 4
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I work for a Personal Injury law firm (in an administrative capacity) and we do receive calls regarding vet malpractice. Of course, we don't handle it because there is no money in it.
I would ask the vet what he intends to do by way of compensating you for doing the wrong eye. If he/she says that the second surgery was done for free...tell them "not good enough". If they ask what you think is just compensation, tell them you wish to be reimbursed for the total cost of the surgery. If they refuse, you can threaten (nicely and with tact) legal action. However, you may find it harder than you think to find an attorney willing to handle a case like this.
P.S. Find a NEW vet.
Good luck!
2007-07-26 12:20:24
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answer #5
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answered by dmg1969 5
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OMG! I'd say you have a case.... I bet you'll be changing vets..
See if you can talk to people you know to see if anyone is a lawyer or has a friend that is a lawyer that could give you free legal advise on laws dealing with pets and vets. Courts and laws can be different when it comes to pets.
Then if they say you have a case... Talk to the vet about his wrong doing and if he doesn't offer compensation inform him you have been to see a lawyer and plan on taking him to court. Usually that scares them and they give in.
(Make sure you have paperwork that says which eye was suppose to be operated on and why w/dates and the paper work of the actual eye operated on w/dates then the new paper work w/dates of the correct eyes surgery)
Do you have any pictures of the dog before his surgeries that shows his ulcer in the correct eye?? Pictures speak volumes too.
*Sorry to hear of you furry child's ailments.... I have a furry child too....... I'll put you both in my prayers today. *
2007-07-26 12:37:19
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answer #6
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answered by ASDZA’NI 5
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my dog has had the entropion eye surgery and it is very hard on them... to do the wrong eye is a major error and unacceptable. I would definately seek some sort of compensation from the vet. If this was to happen to a human there would be a high priced lawsuit looming, you may have a suit on your hands anyway. I would feel them out and if they are balking at returning money at the least report the situation and possibly seek legal advice.
I feel really bad for your dog, hope he/she is doing ok.
2007-07-26 12:25:53
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answer #7
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answered by pitman88 1
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u can report him to state vet board not sure how far u'd get though it depends on if u want to take it as far as court. which is very hard to do with vet malpratice. the state ur in may have lawyers that can help u.
what a shame that is..i don't understand how this happened they put that goop on the eyes u think the person who did this whould have noticed that he was cutting the wrong eye.... and it should have been in his notes. and most times the person who takes the dog in asks u again to be sure they are doing the correct eye..or what ever.
sorry about the dog....
do some google's.
2007-07-26 12:31:54
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answer #8
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answered by dragonwolf 5
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Sounds like malpractice to me. They did the 2nd surgery for free so I don't think you can hold them to anything. You can try to get some $ back. In order to sue them for malpractice it will cost more than the surgery. And they know that. But can't hurt to try. I know a family that it happened to their daughter. It was horrible. She came home with a patch on the wrong eye.
2007-07-26 12:18:09
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answer #9
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answered by underthemoon101 4
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Wow! I don't know where you live but in my state it is required for each vet to be state licensed. If your state also has this requirement than I'd file a complaint with them and have the vet before a review board.
That is a outrageous amount of money also. Make sure your dog is going to be OK but I'd find a new vet ASAP!
I don't blame your for being really outraged. I know I would be also.
Good luck with your dog!
2007-07-26 12:35:17
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answer #10
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answered by ♥Golden gal♥ 7
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