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09-26-2008, 11:50 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 5
| |  Animal Malpractice?
What is the name of your state (only U.S. law)? GA
Our 2 year old, perfectly healthy Weimaraner (dog!) got spayed on September 15th at a local Spay and Neuter facility. She contracted Tetanus from her surgery. It is very, very rare. It will most likely cost her her life. We are fighting it and have a lot of support through our normal veterinary office. All of our vets and many others we have spoken to (including the one who did the surgery) have never seen a case of it in dogs. Do we have any recourse with the clinic? Could we at least get them to foot our medical bills for it?
Thanks so much. We are very desperate. |
09-26-2008, 11:53 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | | What did the vet do wrong?
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09-26-2008, 12:02 PM
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| | Quote:
Originally Posted by Zigner  What did the vet do wrong? |  Quote: |
Originally Posted by OP She contracted Tetanus from her surgery. | Tetanus is not an expected outcome. Arguably, it could only have been caused by negligence. (OP's regular vet would need to opine that though to have any sort of viable claim.)
Claim would be limited to value of dog + cost of medical bills/treatment. No "pain and suffering" for animals nor any "emotional distress" for owners.
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09-26-2008, 12:04 PM
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| | | Well, the tetanus was either in the air or on the instruments used in the surgery. We also had a kitten fixed there the same day (and lots and lots of other pets) and she has not shown any symptoms of the disease. It makes us think that it they may be had an assembly line going and not have changed instrument trays. We know they provide a needed service and we're not looking for major damages. We just feel that they are partially responsible for this and should take responsibility for what our poor dog is suffering through right now (and the money). |
09-26-2008, 12:08 PM
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| | Quote:
Originally Posted by You Are Guilty
Tetanus is not an expected outcome. Arguably, it could only have been caused by negligence. (OP's regular vet would need to opine that though to have any sort of viable claim.)
Claim would be limited to value of dog + cost of medical bills/treatment. No "pain and suffering" for animals nor any "emotional distress" for owners. | That's the direction I was heading 
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
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Tell it like it is! |
09-26-2008, 12:15 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 5
| | | How in the world would we begin to address it? We have our hands full with the nursing care, forced feedings, IV's and meds for our poor baby. |
09-26-2008, 12:24 PM
| | Senior Member | | Join Date: Feb 2005 Location: Kansas City
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| | | It would also need to be proven that the tetanus was contracted during surgery. I would think that would be rather difficult to prove, as tetanus can be gotten a multitude of other ways (small injury from kennel, fence, nail, etc).
Also, the incubation period for tetanus in dogs is around 10-14 days (which leads me to believe the dog was actually 'suffering' from tetanus prior to surgery), and the tetanus spores are unable to grow in a normal wound - necrotic tissue is required for their multiplication.
So, the spay wound would need to have gone necrotic, AND THEN the spores would begin multiplying, and 10-14 days after necrosis began in the tissue, the dog would show symptoms.
I'd think it would be exceedingly difficult to prove a case of negligence unless you can get a vet to 1) trace tissue necrosis to the surgical wound 2) show that the necrosis is a result of poor surgical practices 3) show that the vet should have expected both the necrosis and the infection w/tetanus (which normally lives in the soil, so you'd have to prove the dog wasn't exposed at home after surgery) and finally 4) that the vet failed in their duty to prevent the infection.
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09-26-2008, 12:32 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
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| | | The first thing you need to do is speak to your regular vet and ask if he agrees negligence occurred. If he does, contact the clinic's main office and tell them about your situation, and that you believe they should be responsible for her medical bills resulting from the tetanus. See what they say and go from there. |
09-27-2008, 09:20 PM
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| | | Our vet does think that the infection came from the clinic and we have contacted them. We spoke to the vet who did the surgery and they have never had a case of it there ever. She calls daily here and at our vet's office to check on Lilly, She has offered to help with treatment and meds. We are receiving much support from both vets as it is very rare. We don't know if our beloved dog will survive but she's worth fighting for and we are doing all we can. Thanks for your help and advice. |
09-27-2008, 09:48 PM
| | Member | | Join Date: Jul 2008
Posts: 28
| | This is obviously not legal advice, but on a personal note, I want to express my condolences for your poor pup's situation. I hope for the best outcome for Lilly, and for strength for you to deal with both the illness and whatever outcome.
I have a pup about her age, and dealing with that would be absolutely heartbreaking. 
My best to you. |
09-29-2008, 12:52 PM
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Posts: 5
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Lilly lost her battle with Tetanus yesterday. Our vet was as upset as we were (almost). It was horrible. We are hopeful that the vet who did the surgery will help us with the medical bills and/or replacing our beautiful dog.
Thanks to you all for your help. | |
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