Veterinary Malpractice/negligence- resulting in animal's death

[larand]

What is the name of your state (only U.S. law)? PA
My dog was sick recently, and taken to vet emergency multiple times. Xrays were taken, which were inconclusive, so we were sent to a "specialist" for an abdominal ultrasound of my 2 year old bulldog, which would include his liver.
We had a terrible experience, and the ultrasound report handed back to me did not have my information on it, but that of another client. The dog's info was even incorrect. I immediately brought this to the vet's attention, and requested another ultrasound to ensure that they result's were reflective of my dog's procedure. He assured me that the report was his, and that he had just mistakenly put the other client's info on the report. I had also brought some abdominal xrays for him to look at, and he completely blew them off.
Long story short, he said he didn't see anything remarkable, My dog remained sick for 3 weeks, and I had him to my vet multiple times. I was told that b/c the ultrasound didn't show anything, that no one knew what was making him sick.
He took a turn for the worse overnight one night last week, and was rushed to another vet emergency. The did bloodwork, and decided to do another abdominal ultrasound just in case. They immediately found a very large obstruction in his belly, and partially in his intestines, b/c the object had been in his system for so long. They said that there is NO WAY that they would have missed this during the original ultrasound, if it had been done correctly. So, basically they mixed my dog's report up w/ another dog's, and as a result, did not find the object in his belly. He had emergency surgery to remove it, but by then, his body was too weak... he sadly died shortly after surgery (which cost $10k).
Had they looked at the correct report 3 weeks ago, they could have easily removed the object via endoscopy, and he would have been fine.
We would like to sue for veterinary malpractice, as his last 3 weeks of being sick, including all visits, surgeries, etc... was over $14k- it all could have been avoided.
Also, he had been suffering from epilepsy since 3 months old, and we had spent about $15k total in the last 2 years keeping him alive. We got him through all of those issues, and he was given a clean bill of health. Then this mistake was made, and it basically made all of those efforts & money spent a total loss. Not to mention, most importantly, that this dog was like my child. I cared for him since day one b/c of his illness- took him to work w/ me everyday, and was closer to him than even I could ever had imagined. I am absolutely lost & heartbroken- and the tragedy is that he didn't have to die. Had this mistake not been made, he would have lived.
I am looking for any advice in terms of lawyers that would take this case on contingency. I have contacted several local lawyers, but they won't do anything involving animal law. There must be someone who takes cases such as ours, and we would like to find them. Any advice would be appreciated.
Thank you!

[ecmst12]

This is a very small case in terms of what you might be able to recover beyond actual medical costs for your dog, so you won't find a lawyer to take it on contingency. You might be able to find a small practice, animal-loving lawyer to help you out for an hourly fee.

[barry1817]

Originally Posted by larand

What is the name of your state (only U.S. law)? PA
My dog was sick recently, and taken to vet emergency multiple times. Xrays were taken, which were inconclusive, so we were sent to a "specialist" for an abdominal ultrasound of my 2 year old bulldog, which would include his liver.
We had a terrible experience, and the ultrasound report handed back to me did not have my information on it, but that of another client. The dog's info was even incorrect. I immediately brought this to the vet's attention, and requested another ultrasound to ensure that they result's were reflective of my dog's procedure. He assured me that the report was his, and that he had just mistakenly put the other client's info on the report. I had also brought some abdominal xrays for him to look at, and he completely blew them off.
Long story short, he said he didn't see anything remarkable, My dog remained sick for 3 weeks, and I had him to my vet multiple times. I was told that b/c the ultrasound didn't show anything, that no one knew what was making him sick.
He took a turn for the worse overnight one night last week, and was rushed to another vet emergency. The did bloodwork, and decided to do another abdominal ultrasound just in case. They immediately found a very large obstruction in his belly, and partially in his intestines, b/c the object had been in his system for so long. They said that there is NO WAY that they would have missed this during the original ultrasound, if it had been done correctly. So, basically they mixed my dog's report up w/ another dog's, and as a result, did not find the object in his belly. He had emergency surgery to remove it, but by then, his body was too weak... he sadly died shortly after surgery (which cost $10k).
Had they looked at the correct report 3 weeks ago, they could have easily removed the object via endoscopy, and he would have been fine.
We would like to sue for veterinary malpractice, as his last 3 weeks of being sick, including all visits, surgeries, etc... was over $14k- it all could have been avoided.
Also, he had been suffering from epilepsy since 3 months old, and we had spent about $15k total in the last 2 years keeping him alive. We got him through all of those issues, and he was given a clean bill of health. Then this mistake was made, and it basically made all of those efforts & money spent a total loss. Not to mention, most importantly, that this dog was like my child. I cared for him since day one b/c of his illness- took him to work w/ me everyday, and was closer to him than even I could ever had imagined. I am absolutely lost & heartbroken- and the tragedy is that he didn't have to die. Had this mistake not been made, he would have lived.
I am looking for any advice in terms of lawyers that would take this case on contingency. I have contacted several local lawyers, but they won't do anything involving animal law. There must be someone who takes cases such as ours, and we would like to find them. Any advice would be appreciated.
Thank you!

Would there be a peer review group for animal doctors in your area that could review the case, if no lawyer wants it, and could possibly work to get your fees back.

[CJane]

Think of this in terms of a human/doctor malpractice suit.

You'd have to prove:

1) that initial ultrasound really does belong to a different dog.
2) the "obstruction" absolutely would have been visible in an ultrasound 3-weeks prior to the one that resulted in diagnosis
3) the vet you'd BEEN taking the dog to was NOT negligent when S/HE didn't detect such an enormous obstruction in the dog's belly.
4) that the dog ABSOLUTELY would have survived if the surgery had been done previously

Even after all of that, you'll have to prove WILLFUL negligence.

What was the obstruction caused by?


And you'll never be allowed to recover pain and suffering or previous investment in medical care. The dog is property, no matter how "like a child" it is to you, and the only recoverable damages - in general - are the value of the dog plus the expenses directly related to the negligent care.

[demarco99]

ecmst12's qoute is a joke as is his comment. I lost my mother years ago because she was poisoned with meds. I wanted to sue but no lawyer would touch it for several reasons. one of the biggest is because I DIDNT CARE ABOUT THE MONEY. I just wanted to hurt the people which only do what they do for MONEY with what hurts them most. you only sue for money? are you kidding me? many people sue and take the money, ALL THE money and donate it. its the point, that if you dont take action they will continue to mislead, misdiagnose and mistreat. problem is most lawyers are no better. if they cant bank off your loss they wont help you. I just lost a 2 year old doxin. went from 100% healthy to dead in 6 days. all because the Vet didnt act fast enough or understand his own job. trust me, I will pursue this lawyer or not. anyone that thinks this a dog is just a pet is sadly mistaken. they are animals that cant talk and need us to speak for them. when my dog was sick money wasnt an issue. he had no insurance and I was on the hook for $15,000. which I could care less about. but tell me, if you dont sue how do you hurt a business? business=money but it doesnt mean thats what the person thats sueing really cares about. its the point of sending a clear message that they dont know what they claim they do. too bad the laws are so messed up that animals are considered "property".

[ecmst12]

You can only get one thing from a lawsuit - money. Money is all a judge has the power to award. A judge can't award "justice", whatever that might mean to any particular person. It's not "messed up" that animals are considered property, animals are not people and if the law treated them like people, that would definitely be "messed up".

You don't hurt a business by suing them either, they have insurance for this stuff and it probably won't directly affect the business much at all.

[proud_parent]

Originally Posted by demarco99

ecmst12's qoute is a joke as is his comment. I lost my mother years ago because she was poisoned with meds. I wanted to sue but no lawyer would touch it for several reasons. one of the biggest is because I DIDNT CARE ABOUT THE MONEY. I just wanted to hurt the people which only do what they do for MONEY with what hurts them most. you only sue for money? are you kidding me? many people sue and take the money, ALL THE money and donate it. its the point, that if you dont take action they will continue to mislead, misdiagnose and mistreat. problem is most lawyers are no better. if they cant bank off your loss they wont help you. I just lost a 2 year old doxin. went from 100% healthy to dead in 6 days. all because the Vet didnt act fast enough or understand his own job. trust me, I will pursue this lawyer or not. anyone that thinks this a dog is just a pet is sadly mistaken. they are animals that cant talk and need us to speak for them. when my dog was sick money wasnt an issue. he had no insurance and I was on the hook for $15,000. which I could care less about. but tell me, if you dont sue how do you hurt a business? business=money but it doesnt mean thats what the person thats sueing really cares about. its the point of sending a clear message that they dont know what they claim they do. too bad the laws are so messed up that animals are considered "property".

First, this is not your thread. If you have a question about bringing your own legal action, start a new thread.

Second, Doxin is a trade name for doxepin, a tricyclic antidepressant. You did not own a doxin. You owned a dachshund.

[Adalaide78]

I own a bunny. I have learned from her above all other animals people keep as pets that the health of an animal can decline so quickly that death can occur sometimes in as little as 24 hours. I talk to my vets, I learn about them when I take my little one in. I've been a pet owner most of my life. I have never met a vet who became one for the money. Many decided on the profession at a reletively young age and became a vet to help animals. I'm sure that it pains many vets to lose an animal because they understand that to an owner it is more than just an animal, it's a family member. Sadly, how we feel about them doesn't make them more than just an animal and when a loved one dies I'm sure it's easier to throw blame around then to accept what happened. Sueing really is all about the money, and the only thing that may affect a business are eventual higher rates. Big deal, so the check they write every year is a little bit more. Also, if you can't spell dachshund just call it a wiener dog.

[ariastar]

Originally Posted by demarco99

too bad the laws are so messed up that animals are considered "property".

You can buy and sell property. You can buy and sell animals. Animals are property.

You can not buy and sell humans.

There are laws protecting animals from abuse, but at the end of the day, they are still animals. If they were given human rights, things such as spaying/neutering (basically forced sterilization as it would be without consent) would become illegal, among other things. As their owners, we have the sole right to do these elective procedures on them. We can not sterilize our own human children without a medical necessity (ovaries are too covered in tumors to remove only the tumors, etc.).