Veterinary Malpractice - Any lawyers?

#1

865er

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#1
Looking for some input on what to do here as taking legal action against a medical provider doesn't come easy as my wife is in the field as well albeit humans and not animals.

Here's a quick timeline / rundown of the terrible ending my dog had to her amazing life.

  • Last summer we take her in for bad breath. They find an abscess tooth but also find heart issues and recommend no surgery as she could have a reaction and die.
  • We had a baby and life kind of got in the way until...
  • Our dog hurts her leg in February and we take her back to the same clinic. New vet says she tore her ACL and requires surgery. I specifically ask the vet to talk to the other vet because they told us anesthesia may have consequences. He says to give him a day and he'll call me after he talks to the other vet.
  • A week and several phone calls later I finally get him on the phone. He said he talked to the vet and we are good to go with surgery and have nothing to worry about.
  • Surgery is done at a different clinic because of limitations at their clinic.
  • Dog comes home and a couple days later she starts losing weight, vomiting blood and crying non stop so we take her back in. We are told she has internal bleeding from her heart and liver and are forced to put her down. Her last 2 days alive were terrible.

Now, this where we start to get pissed off at the original vet ( Central Vet in Knoxville ):

  • We call to let them know what happened and ask questions with a lady at front desk. She says there is no record of the vet talking to another vet and if he had it would be in the charts.
  • Finally get the vet who diagnosed the ACL on the phone and here is what he has to say:
    • He didn't actually talk to the vet I asked him to talk to. Why? Because that vet "was let go because they weren't good at their job". Then why did you tell me you did?
    • He then let us know that when he diagnosed her ACL and did blood work that there were "unexplained elevated liver enzymes" in her results. Then why did you not tell me about it and not tell the other clinic that did the ACL? The result would of been the same.. we would end up putting our dog down but she would not have suffered through the surgery, could have spent several more days at home with us in minimal pain and we would not be out thousands for ACL surgery.

Unfortunately my profession as software developer means I don't understand their medical lingo but they couldn't pull one on my wife with her multiple masters degrees. Again, we are not the type to sue people and get rich but we feel like Central Vet should pay for the ACL surgery.

We out of line for this?
 
#2
#2
I don't have any legal or professional insight to share, but I hate it that you and your family (of which your pup was certainly a part!) had to go through that horrible ordeal. Here's hoping y'all obtain some resolution and closure...
 
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#3
#3
I’m not sure but I think from a legal perspective pets are considered property and proving financial damages is futile. At least that was my case when my dogs survived a house fire. Insurance didn’t help with the vet bills.

I consider pets family and not just property. But the legal system seems to take a harsh stance.
 
#4
#4
I’m not sure but I think from a legal perspective pets are considered property and proving financial damages is futile. At least that was my case when my dogs survived a house fire. Insurance didn’t help with the vet bills.

I consider pets family and not just property. But the legal system seems to take a harsh stance.

Yeah, according to atty I talked to and Judge Judy that is exactly right. You paid $1200 for a dog you might get 2/3($800) if the dog was 4 when it died and avg life was 12. Conversation was casual with a lawyer in the family, not because I had a similar problem.
 
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#6
#6
Sounds more like fraud (withholding information to allow for unnecessary expenses) than malpractice as there wasn’t an injury. But a lawyer could clarify.

@SDV is my VN ambulance chaser.
 
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#7
#7
I have no legal expertise so I'm not going to weigh in on that part.

But, that entire story is horrifying. I'm so sorry your family and you beloved pupper had to go through such a terrible thing.
 
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#8
#8
No clue on the legal remedies you might have, I suspect not much. Best bet might be to ask for a refund in exchange for not filing complaints with the Board of Veterinary Medical Examiners and the BBB, also not blowing them up on social media.
 
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#9
#9
$5 grand is the cap on noneconomic damages (emotional distress, pain and suffering, punitive, etc) last time I looked. That plus the cost of the animal and whatever you spent on vet bills. I assume you will have to find a vet who is willing to testify that another vet committed professional malpractice in order to get past summary judgment. Got no clue what an expert witness vet costs an hour, maybe $500 and up? Things are different if it's a police dog or a legitimate service animal, like a seeing eye dog or one of those dogs that barks when you're about to have a seizure.
 
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