Thread: Tragic Mistake
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Old November 8th 03, 01:48 AM
Iso
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Mary,



I'm sorry to hear about this situation. Moreover, in the state of Florida,
all veterinary complaints have to be directed to the Department of Business
and Professional Regulation. I'll post the link at the bottom of this post.
There is an online protocol that your friend can follow to file a complaint
electronically, or if she prefer, she can download and print out the
necessary forms to file a complaint.

Veterinary malpractice, incompetence and negligence are not extremely common
in the state of Florida. Nonetheless, something should be done. There are
several steps you can take when you suspect that veterinary malpractice has
happened.

First, send a concise, accurate, and factual written complaint (what
happened, when, and where) to your state veterinary licensing board, asking
for an investigation and response. Follow up your written complaint by
telephoning the licensing board. You should also submit a complaint to your
local veterinary medical association, asking for an investigation. File
copies of your complaints with the Better Business Bureau, local and state
Consumer Affairs offices. You can also file a small claims suit against the
veterinarian by filling out a form and paying a small fee at your local
courthouse. You are responsible for presenting your own case in small claims
court, so be sure to have copies of all your animal's medical records,
statements from other veterinarians who examined your animal once you
suspected negligence, and copies of your veterinary bills. Although small
claims courts award only "out-of-pocket" expenses, the attention generated
by your case may be enough to prevent a veterinarian from acting
irresponsibly in the future.

You can also hire a lawyer and bring a malpractice lawsuit against the
veterinarian or negotiate a settlement. As with a small claims suit, you
will need documentation to back up your case, including statements from
"expert witnesses" (such as veterinarians, pathologists, and others with
special professional knowledge of the issues under consideration) this is
extremely expensive and usually not easy for the average person to obtain.
Unfortunately, you may find that many lawyers hesitate to take on these
cases because the potential for a large monetary award is extremely low. In
most veterinary malpractice cases, awards are limited to the costs incurred,
plus the cost of replacing a companion animal with an animal of similar
value. Some state courts, however, are beginning to acknowledge the unique
nature of the bond shared by humans and their companion animals, and these
courts also permit the recovery of "reasonable sentimental value" in some
instances. California, Connecticut, Florida, Illinois, and New Jersey are
among the states where recent veterinary negligence cases prompted judges
and juries to assess the value of companion animals beyond their "property
value." Moreover, since your friend rescued the two kittens, if the she goes
through the motion of hiring an attorney and the case is heard before a
judge, and the judge decides in her favor, she will receive what the state
deems is the average price of a rescued cat. Nonetheless, there hasn't been
a case that anyone in the above states has been granted over two thousand
dollars regardless of the damages incurred. To find an attorney, ask for a
recommendation from the local bar association. I hope this helps.

Here is the link to file a complaint in the state of Florida.



http://www.state.fl.us/dbpr/reg/inde...%20INFORMATION