What is the name of your state (only U.S. law)? Nebraska
(I apologize for the long story)
I am a resident of Omaha, NE. I took my miniature pinscher (birthday 3/17/2009) to a veterinarian clinic as of 7/14/2009 to have his ears cropped as of 7:30AM. The veterinarian had me sign a form stating that he cannot control prior health issues that may cause complications with anesthetic. I left the clinic and went to work. I called the clinic at 10:30 AM to check on the status of my puppy. At that time, the receptionist stated that the surgery went great and Doyle (my puppy) was awake and crying. I called again at 2:30 PM to check on Doyle's status again. For the second time, the receptionist stated that he was doing great and he was eating. When I got off work as of 5:00 PM, I went directly to the Veterinarian clinic to pick up my dog. However, Dr X stated that his temperature had dropped and they were trying to warm him up. I would be able to take him home in about a half an hour as of 5:20 PM. Doyle's condition as I arrived was very bad. His gums were nearly white, he could barely hold up his head, he was having a VERY hard time breathing as well as very cold to the touch. As I remained at the Vet's office, waiting on my puppy, his condition got worse as Dr X continued to fill Doyle with several different medicines. As of 7:30 PM, Doyle became completely unconscious as Dr X continued to give Doyle drugs and an I.V. The Vet continued to try to call other veterinarians for advise as he didn't know what else to do. As of 9:03 PM, Dr X advised me that Doyle was going to die and that I should put him down. As I was completely hysterical, I agreed as the Emergency Clinic advised, due to his current status, Doyle would not make it. As of 9:05 PM, my beloved miniature pinscher, Doyle, was put to sleep. Dr X stated that it was probably due to a health issue that was in his blood line. I paid the agreed bill of $319.00 as he did not charge me 50% of the total bill of the ears being cropped and the followup procedures to help Doyle recover, but led to his death instead. After obtaining Doyle's paper work, I contacted the breeder as well has their veterinarian. They both concluded that Doyle did not have any prior health issues and based upon his paper work that Dr X provided, Doyle was given an excess amount of anesthetic causing the medical issues and ultimately Doyle's death. At this point, I would like the bare minimum of the refund of my $319.00 although the replacement costs of my miniature pinscher would be another $900.00. Would I be entitled to this or do I not have any legal recourse to this situation? Please let me know as I don't feel it's right that I bring my dog in for a rather common procedure and end up with a dead dog and an additional $200 in vet bills for the veterinarian making the mistake. Thank you for your time and I appreciate your assistance in this matter.
Also, the Veterinarian stated that Doyle never fully woke up from the anesthetic and that Doyle's temperature had dropped as of 2:00PM. As the receptionist apparently had NO IDEA about my dog or was covering up the situation. I was never notified of the situation by the vet or his staff until I arrived. The vet stated he was worried Doyle was going to due as early as 2:00PM!
I excluded the Vet's name and clinic's name due to "possible slander" against his business. Although, from current research, I have found that he is currently involved in a malpractice law suit due to a similar situation. I'm not sure if this is relevant to my case, but enrages me that much more that a vet could get away with something like this.
(I apologize for the long story)
I am a resident of Omaha, NE. I took my miniature pinscher (birthday 3/17/2009) to a veterinarian clinic as of 7/14/2009 to have his ears cropped as of 7:30AM. The veterinarian had me sign a form stating that he cannot control prior health issues that may cause complications with anesthetic. I left the clinic and went to work. I called the clinic at 10:30 AM to check on the status of my puppy. At that time, the receptionist stated that the surgery went great and Doyle (my puppy) was awake and crying. I called again at 2:30 PM to check on Doyle's status again. For the second time, the receptionist stated that he was doing great and he was eating. When I got off work as of 5:00 PM, I went directly to the Veterinarian clinic to pick up my dog. However, Dr X stated that his temperature had dropped and they were trying to warm him up. I would be able to take him home in about a half an hour as of 5:20 PM. Doyle's condition as I arrived was very bad. His gums were nearly white, he could barely hold up his head, he was having a VERY hard time breathing as well as very cold to the touch. As I remained at the Vet's office, waiting on my puppy, his condition got worse as Dr X continued to fill Doyle with several different medicines. As of 7:30 PM, Doyle became completely unconscious as Dr X continued to give Doyle drugs and an I.V. The Vet continued to try to call other veterinarians for advise as he didn't know what else to do. As of 9:03 PM, Dr X advised me that Doyle was going to die and that I should put him down. As I was completely hysterical, I agreed as the Emergency Clinic advised, due to his current status, Doyle would not make it. As of 9:05 PM, my beloved miniature pinscher, Doyle, was put to sleep. Dr X stated that it was probably due to a health issue that was in his blood line. I paid the agreed bill of $319.00 as he did not charge me 50% of the total bill of the ears being cropped and the followup procedures to help Doyle recover, but led to his death instead. After obtaining Doyle's paper work, I contacted the breeder as well has their veterinarian. They both concluded that Doyle did not have any prior health issues and based upon his paper work that Dr X provided, Doyle was given an excess amount of anesthetic causing the medical issues and ultimately Doyle's death. At this point, I would like the bare minimum of the refund of my $319.00 although the replacement costs of my miniature pinscher would be another $900.00. Would I be entitled to this or do I not have any legal recourse to this situation? Please let me know as I don't feel it's right that I bring my dog in for a rather common procedure and end up with a dead dog and an additional $200 in vet bills for the veterinarian making the mistake. Thank you for your time and I appreciate your assistance in this matter.
Also, the Veterinarian stated that Doyle never fully woke up from the anesthetic and that Doyle's temperature had dropped as of 2:00PM. As the receptionist apparently had NO IDEA about my dog or was covering up the situation. I was never notified of the situation by the vet or his staff until I arrived. The vet stated he was worried Doyle was going to due as early as 2:00PM!
I excluded the Vet's name and clinic's name due to "possible slander" against his business. Although, from current research, I have found that he is currently involved in a malpractice law suit due to a similar situation. I'm not sure if this is relevant to my case, but enrages me that much more that a vet could get away with something like this.
