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#1
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Tragic Mistake
Unbelievably, my friend took two eight-month-old rescue sister tabbies
in to a Central Florida vet to be spayed, and when she returned for her babies they had declawed one of them. The vet called tonight and told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? I thought maybe make his give a ton of money to a no-kill shelter--or, she gets a lawyer and donates any funds collected. She is heartsick as am I. These girls are inseparable, and now one of them is mutilated forever. (And you can bet I will be letting all and everyone know the name of this vet if he doesn't come through in a big way. Or maybe even if he does.) |
#2
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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 |
#3
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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 |
#5
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From: "Mary"
Unbelievably, my friend took two eight-month-old rescue sister tabbies in to a Central Florida vet to be spayed, and when she returned for her babies they had declawed one of them. The vet called tonight and told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? I thought maybe make his give a ton of money to a no-kill shelter--or, she gets a lawyer and donates any funds collected. She is heartsick as am I. These girls are inseparable, and now one of them is mutilated forever. (And you can bet I will be letting all and everyone know the name of this vet if he doesn't come through in a big way. Or maybe even if he does.) OMG, that is horrible!!! That poor kitty! I would flip out if a vet ever did that to one of my cats. But I guess it's done so the only recourse to make this sick monster pay with money. I wonder if a complaint can be made to the veterinarian board in the state where she lives. Lauren ________ See my cats: http://community.webshots.com/album/56955940rWhxAe Raw Diet Info: http://www.holisticat.com/drjletter.html http://www.geocities.com/rawfeeders/ForCatsOnly.html Declawing Info: http://www.wholecat.com/articles/claws.htm |
#6
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The vet called tonight and
told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? There's a surgery that is expensive where they reattach the cut tendons so they can at least walk normally again. They do this with big cats that are declawed by previous owners. A vet killed my cat by accident, I sued, won and donated the funds to a cat rescue place. I just wanted the vet to realize he can't get away with accidents. |
#7
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The vet called tonight and
told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? There's a surgery that is expensive where they reattach the cut tendons so they can at least walk normally again. They do this with big cats that are declawed by previous owners. A vet killed my cat by accident, I sued, won and donated the funds to a cat rescue place. I just wanted the vet to realize he can't get away with accidents. |
#8
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Mary wrote:
Unbelievably, my friend took two eight-month-old rescue sister tabbies in to a Central Florida vet to be spayed, and when she returned for her babies they had declawed one of them. The vet called tonight and told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? I thought maybe make his give a ton of money to a no-kill shelter--or, she gets a lawyer and donates any funds collected. She is heartsick as am I. These girls are inseparable, and now one of them is mutilated forever. (And you can bet I will be letting all and everyone know the name of this vet if he doesn't come through in a big way. Or maybe even if he does.) Your friend should immediately consult with a lawyer. The thing is, the vet is worried your friend might take this action... so he is hoping to avoid the mess by offering to settle. Vets are supposed to heal, not harm. -- "Its the bugs that keep it running." -Joe Canuck |
#9
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Mary wrote:
Unbelievably, my friend took two eight-month-old rescue sister tabbies in to a Central Florida vet to be spayed, and when she returned for her babies they had declawed one of them. The vet called tonight and told her he will do "whatever it takes" to make this up to her. All she can do is cry. Ideas? I thought maybe make his give a ton of money to a no-kill shelter--or, she gets a lawyer and donates any funds collected. She is heartsick as am I. These girls are inseparable, and now one of them is mutilated forever. (And you can bet I will be letting all and everyone know the name of this vet if he doesn't come through in a big way. Or maybe even if he does.) Your friend should immediately consult with a lawyer. The thing is, the vet is worried your friend might take this action... so he is hoping to avoid the mess by offering to settle. Vets are supposed to heal, not harm. -- "Its the bugs that keep it running." -Joe Canuck |
#10
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"Karen" wrote in message
... Most likely realized that it was a mistake. I would require that to make it up to me the vet provide pamphlets on declawing in the waiting room and stop by out of the blue to make sure they carry it out. Phil has a pdf that can be printed out on his site at maxshouse.com. Karen That's what I was thinking, too, except I might request that the vet no longer declaw cats, as well, and should also educate his clients of the negative aspects of declawing. Providing a pamphlet is one method, but speaking directly to people is another and one that is much more direct. But I think I would probably first ask the vet what he felt would be adequate compensation. I don't mean in terms of money, but what he felt he should do to make up for the mistake. Sometimes it's very effective to have the guilty party determine his own punishment--he can be much harsher than anyone else. And he probably feels worse about the situation than anyone else, including the owner of the cat. I don't think money (suing or asking for monetary compensation) is really going to help. But asking him to advocate against declawing would have a much more beneficial outcome. I'm not sure I would lodge a formal complaint at this stage. I would try to find out if any similar complaints had been made about him, though. I'm starting to think everyone should check if their vets have had complaints lodged against them. I wonder if that information is available to the public. Oh, I also think that the vet should be willing to cover any future problems the cat may have that could be related to the declawing. For example, if the cat starts peeing inappropriately, then the vet should cover the costs of Feliway or possibly even the costs of new carpet. rona -- ***For e-mail, replace .com with .ca Sorry for the inconvenience!*** |
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