Can I Sue a Vet?

[pirategirl68]

What is the name of your state? Ca.
A little under a month ago, I took my 16 year old dog to the vet for an antibiotic shot and cough medicine, other than that, he was in general good health. When they sat us in a room, one of the nurses came in and said she was just going to take him to do his vitals and would be right back with him. I was waiting and waiting and finally kept asking where my dog was. First the receptionist rudely said that there were other dogs ahead of him and they would get to him when they got to him. I finally demanded they bring my dog to me, to which she says, look, we are waiting to see if you can cover the vet bill. I was so appalled! So after they confirm I have enough on my credit card to pay the bill, they charge my card and then bring my dog out in worse condition then when I brought him in. Basically they held my dog for ransom until I paid the bill. I promptly left after that I tried to call any other vet to take him to, but he ended up dying a few hours later. He suffered for those few hours. I watched my poor puppy who I have had for nearly 17 years take his last breath. I am so devastated and traumatized that I haven't been able to stop crying since this happened. I don't know what they did to him, if anything because they wouldn't let me back with him. That has got to be unethical or something. I don't know what to do. But I will never get over what happened. Please help me figure out what to do. I was not in my right mind or thinking about getting an autopsy. My daughter came and picked him up and we had him cremated. But I think this was unacceptable to do what they did. I know there is a standard of care for pets as well as people, but like I said I'm so devastated, there has to be a way to hold them accountable. He truly was a member of my family and need help. Thank you for any advice in advance. I appreciate it.

 

[quincy]

What is the name of your state? Ca.
A little under a month ago, I took my 16 year old dog to the vet for an antibiotic shot and cough medicine, other than that, he was in general good health. When they sat us in a room, one of the nurses came in and said she was just going to take him to do his vitals and would be right back with him. I was waiting and waiting and finally kept asking where my dog was. First the receptionist rudely said that there were other dogs ahead of him and they would get to him when they got to him. I finally demanded they bring my dog to me, to which she says, look, we are waiting to see if you can cover the vet bill. I was so appalled! So after they confirm I have enough on my credit card to pay the bill, they charge my card and then bring my dog out in worse condition then when I brought him in. Basically they held my dog for ransom until I paid the bill. I promptly left after that I tried to call any other vet to take him to, but he ended up dying a few hours later. He suffered for those few hours. I watched my poor puppy who I have had for nearly 17 years take his last breath. I am so devastated and traumatized that I haven't been able to stop crying since this happened. I don't know what they did to him, if anything because they wouldn't let me back with him. That has got to be unethical or something. I don't know what to do. But I will never get over what happened. Please help me figure out what to do. I was not in my right mind or thinking about getting an autopsy. My daughter came and picked him up and we had him cremated. But I think this was unacceptable to do what they did. I know there is a standard of care for pets as well as people, but like I said I'm so devastated, there has to be a way to hold them accountable. He truly was a member of my family and need help. Thank you for any advice in advance. I appreciate it.

Why did your dog need an antibiotic shot and cough medicine?

As much as I understand the pain of losing a long-time pet, you would need more than suspicion that the veterinarian care your dog received was substandard to support a lawsuit. I don’t see from what you said that you have that proof.

I am sorry for your loss.

 

[adjusterjack]

My condolences. It's unfortunate that it happened under unpleasant circumstances, but I don't see grounds for a lawsuit. A complaint to the state licensing agency about how you were treated is about all you can do.

Understand that almost 17 years is pretty much the maximum life span of virtually all breeds of dogs. Very few are expected to live even a year or so beyond that. And when they get to that age, they are likely to have serious medical issues. Perhaps some that you didn't realize.

Pick your breed from this chart:

Lifespan of a Dog: A Dog Years Chart by Breed (petcarerx.com)

Suing a vet for what happened is like suing a doctor if a 100 year old person happens to die in his office. A bad coincidence but that's likely all that it is.

I do sympathize. I've had two occasions to send my beloved pets to their rewards. My St Barnard was 13 and my Lab was 15. I cried both times. Both were seriously infirm and it was their time.

 

[cbg]

I too sympathize. I've seen three beloved dogs and four beloved cats cross the Rainbow Bridge ahead of me.

However, members of the family they may be to us, in the eyes of the law they are property. Even if you were successful in a lawsuit, and I agree with Jack and Quincy that's it's unlikely you would be, the best you could possibly hope for would be the replacement cost of a new dog. The law is not going to punish them for checking your credit or by triaging the animals in their office instead of taking you first.

I'm very sorry for your suffering and also for the suffering of your pet. But I don't see a successful lawsuit here.

 

[Just Blue]

What is the name of your state? Ca.
A little under a month ago, I took my 16 year old dog to the vet for an antibiotic shot and cough medicine, other than that, he was in general good health. When they sat us in a room, one of the nurses came in and said she was just going to take him to do his vitals and would be right back with him. I was waiting and waiting and finally kept asking where my dog was. First the receptionist rudely said that there were other dogs ahead of him and they would get to him when they got to him. I finally demanded they bring my dog to me, to which she says, look, we are waiting to see if you can cover the vet bill. I was so appalled! So after they confirm I have enough on my credit card to pay the bill, they charge my card and then bring my dog out in worse condition then when I brought him in. Basically they held my dog for ransom until I paid the bill. I promptly left after that I tried to call any other vet to take him to, but he ended up dying a few hours later. He suffered for those few hours. I watched my poor puppy who I have had for nearly 17 years take his last breath. I am so devastated and traumatized that I haven't been able to stop crying since this happened. I don't know what they did to him, if anything because they wouldn't let me back with him. That has got to be unethical or something. I don't know what to do. But I will never get over what happened. Please help me figure out what to do. I was not in my right mind or thinking about getting an autopsy. My daughter came and picked him up and we had him cremated. But I think this was unacceptable to do what they did. I know there is a standard of care for pets as well as people, but like I said I'm so devastated, there has to be a way to hold them accountable. He truly was a member of my family and need help. Thank you for any advice in advance. I appreciate it.

https://www.vmb.ca.gov/laws_regs/lieninfo.pdf

 

[quincy]

... in the eyes of the law they are property ... the best you could possibly hope for would be the replacement cost of a new dog. ...

Correction. In California, pets are no longer treated strictly as personal property. When it comes to damages in cases of veterinary malpractice or the intentional injury/death of a pet, damages awarded can include the reasonable costs of veterinary services that were incurred as a result of the injury/death and emotional harm (noneconomic damages).

To recover damages, however, there must be proof that harm to the pet was caused by the defendant’s conduct. It is this proof that seems to be missing here.

 

[cbg]

Good to know, Q., thanks.

 

[pirategirl68]

Thank you all for your replies. I understand his age was part of it, however, a chihuahua just set the record for the longest living dog, 23 years, which my little killer was a chihuahua. But my main issue is the trauma they caused me by holding him hostage until I paid the bill. Isn't there somthing unethical about that? There is also a standard of care that they say an oath to, but I will never get over how they went about doing that. I can't believe anybody in their right mind would think that it was okay to do that. And I know alot of people consider pets "property", but my gosh, he was a living, breathing soul who was like a child to me after 16 years and 10 months. He was no doubt a big part of my family and now I'm having nightmares about it. Again, thank you all for your replies. I truly appreciate your thoughts and prayers.

 

[pirategirl68]

Thank you all for your replies. I understand his age was part of it, however, a chihuahua just set the record for the longest living dog, 23 years, which my little killer was a chihuahua. But my main issue is the trauma they caused me by holding him hostage until I paid the bill. Isn't there somthing unethical about that? There is also a standard of care that they say an oath to, but I will never get over how they went about doing that. I can't believe anybody in their right mind would think that it was okay to do that. And I know alot of people consider pets "property", but my gosh, he was a living, breathing soul who was like a child to me after 16 years and 10 months. He was no doubt a big part of my family and now I'm having nightmares about it. Again, thank you all for your replies. I truly appreciate your thoughts and prayers.

Also, I can't prove what they did because they whisked him away saying they were just going to check his vitals and bring him back. I don't know what they were doing to him in the back. Thanks again.

 

[commentator]

My question is how you knew what he needed was "an antibiotic shot and some cough medicine." Was he exhibiting symptoms of distress before they took him back? Their treatment probably was not the actual cause of his demise, and if he was in bad enough shape that you took him to a vet, it is possible that he was about to expire regardless. It would be almost impossible to prove that they caused him harm. But it is very sad that they treated you poorly. Losing a pet is very traumatic regardless. Had you ever used this particular vet before?

 

[quincy]

... But my main issue is the trauma they caused me by holding him hostage until I paid the bill. Isn't there somthing unethical about that? There is also a standard of care that they say an oath to, but I will never get over how they went about doing that. I can't believe anybody in their right mind would think that it was okay to do that. And I know alot of people consider pets "property", but my gosh, he was a living, breathing soul who was like a child to me after 16 years and 10 months. He was no doubt a big part of my family and now I'm having nightmares about it. Again, thank you all for your replies. I truly appreciate your thoughts and prayers.

Also, I can't prove what they did because they whisked him away saying they were just going to check his vitals and bring him back. I don't know what they were doing to him in the back. Thanks again.

Please click on the link provided by Just Blue. It is legal for a veterinarian to hold onto a pet until the pet owner pays for all services rendered.

WHY was your dog receiving antibiotics and cough medicine? Was your dog suffering from kennel cough or heart worms?

Whatever the reason behind your dog’s visit to the vet’s office, you do not appear to have any proof that your dog’s death can be attributed to substandard care by the veterinarian. You only have suspicions - and suspicions alone cannot support a legal action.

Again, I am really sorry for the loss of your dog, but there does not appear to be any legal action for you to pursue. You could always make an appointment with an attorney in your area to discuss this and for a personal review of your dog’s veterinarian records. The attorney might see something that we cannot see from this distance.

 

[Just Blue]

Also, I can't prove what they did because they whisked him away saying they were just going to check his vitals and bring him back. I don't know what they were doing to him in the back. Thanks again.

No, you can't prove it because you chose to not get a necropsy.

Please read the link I posted earlier.

I am sorry for your loss and wish you well.

 

[zddoodah]

So after they confirm I have enough on my credit card to pay the bill, they charge my card and then bring my dog out in worse condition then when I brought him in.

How long did this take? In what way was he "in worse condition"?

16-years old is VERY old for a dog. Since you had the body cremated, you'll never be able to prove that the vet did anything improper. Thus, you're only recourse will be to make a complaint with whatever state/county/local agency(ies) license(s) vets.

 

[Zigner]

Thus, you're only recourse will be to make a complaint with whatever state/county/local agency(ies) license(s) vets.

Frankly, while that's a right the OP has, it really wouldn't be fair to the vet, considering that the OP has, realistically, nothing to base any such complaint on.

 

[quincy]

Frankly, while that's a right the OP has, it really wouldn't be fair to the vet, considering that the OP has, realistically, nothing to base any such complaint on.

I agree. A complaint to a licensing board about a professional’s conduct should have sufficient facts to support the complaint. A professional’s reputation is valuable.