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Tragic Mistake



 
 
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  #1  
Old November 8th 03, 01:53 AM
Mary
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Posts: n/a
Default 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  
Old November 8th 03, 02:48 AM
Iso
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Posts: n/a
Default

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  
Old November 8th 03, 02:48 AM
Iso
external usenet poster
 
Posts: n/a
Default

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




  #6  
Old November 8th 03, 03:07 AM
Mary
external usenet poster
 
Posts: n/a
Default

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  
Old November 8th 03, 03:07 AM
Mary
external usenet poster
 
Posts: n/a
Default

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  
Old November 8th 03, 04:20 AM
Joe Canuck
external usenet poster
 
Posts: n/a
Default

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  
Old November 8th 03, 04:20 AM
Joe Canuck
external usenet poster
 
Posts: n/a
Default

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  
Old November 8th 03, 04:39 AM
Rona Yuthasastrakosol
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Posts: n/a
Default

"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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