Vet screws up, kills dog

firemachine69 said:
Canadian contractual law supercedes that. When I bring in my pet for a routine procedure (should be for a vet), the pet shouldn't be dead from gross negligeance on the vet's part. Waiver or no waiver, the vet is on the hook for: a) refund of the operation; and b) the cost of the dog and any major recent expenses (say if just had another major vet visit recently).
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Yes but try to prove that there was neglect on the vets part. The dog dying does not prove that. Almost imposible to do, plus the dog could have done something to pull a stitch after the surgery.
 
$50 to file a small claim here in Manitoba. She should talk to the vet, maybe the vet has some connections to get her another dog.
 
guninhand said:
My sister recently took her prized hunting beagle into the vet to get spayed. He didn't close off a vein and the dog died during the night after she took it home. The vet has admitted his mistake to her and refunded the cost of the operation, about $700 I think. I want her to be compensated for the loss of the dog and emotional suffering. If she requests this additional $$ from the vet and he denies it, can she go to small claims court? If so, anyone know what usual $$ is claimed for emotional suffering?

To make matters worse, she has to stow the body in the deep freeze because the ground is too frozen to dig a grave.
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What does your sister want to do?
She could certainly ask for a replacement dog, if she wanted a replacement.
If she decides to go further, she should consult an attorney, (a litigator), instead of getting advice from anonymous persons on the 'net.
 
All professionals have a governing body. In his case it will be the provincial college of veterinarians. A complaint can be made there but I wouldn't suggest going that route being that he admitted to the mistake and has made at least a partial attempt to rectify it. AFAIK there haven't been any cases in Canada where emotional damages have been awarded for the loss or injury of a pet. In the case of negligence, the veterinarian has to perform their duties with average, reasonable, and competent standards. What those are is very open to interpretation. I think the best thing to do would be to forget about emotional damages and come up with a reasonable value for the dog and request that. College 2nd, court 3rd. I would stop it at the first step if a reasonable agreement comes from that. Just as she'll want some closure on the issue, so will the vet.
 
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HighTeckRedNeck said:
and secondly who pays $700 to get their dog fixed?
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Sorry about your loss

Agreed, it's half that, max.

On the other hand, they do have insurrance for malpractice.

And most vet offer incineration services, if not the Vet, she can seek it out herself.

I don't see her getting anything more than a replacement dog... Let face it, if the vet would have lied about the mistake, maybe, but he came clean. Plus, the college of vet have a lot more ressources (lawyers) than your sister, court will just make thing worst. I am sure she is better off talking with the owner of the hospital.
 
guninhand said:
My sister recently took her prized hunting beagle into the vet to get spayed. He didn't close off a vein and the dog died during the night after she took it home. The vet has admitted his mistake to her and refunded the cost of the operation, about $700 I think. I want her to be compensated for the loss of the dog and emotional suffering. If she requests this additional $$ from the vet and he denies it, can she go to small claims court? If so, anyone know what usual $$ is claimed for emotional suffering?

To make matters worse, she has to stow the body in the deep freeze because the ground is too frozen to dig a grave.
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That's horrible. Condolences and prayers to her.

Has your sister accepted the money already?
This could complicate matters.

How did the vet admit the mistake?
 
c-fbmi said:
A waiver in these cases has limitations to unknown potential risks, such as allergic reaction to anestectics some thing the vet has no control over. This does not sound like something that the waiver would cover, it is a mistake that could have and should have been avoided and therefore liability is attached. The key phrase in liability waivers is "beyond the control of" and this does not sound like it falls within the limitations of a waiver. Another important phrase which this does fall within is "due care and attention" and a waiver does not absolve the vet of this. Assuming the OPs information is correct and accurate the vet did not exercise "due care and attention" and is therefore liable.
No I'm not a lawyer just have had way too much experience, and payed out several college educations worth, to lawyers. It would have been cheaper to go to law school!!!
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Exactly this.
Dogs come with freakin' plumbing. Don't work on dogs if you don't know how the plumbing works.

The sister may have signed a release after the fact though.
On the other hand ,accepting money could be argued as accepting a settlement.

There is definitely a pain and suffering component.
This is not the same thing as a mechanic killing an engine in a Taurus.

This is not livestock, this is a family pet.
 
1895GS said:
Exactly this.
Dogs come with freakin' plumbing. Don't work on dogs if you don't know how the plumbing works.

The sister may have signed a release after the fact though.
On the other hand ,accepting money could be argued as accepting a settlement.

There is definitely a pain and suffering component.
This is not the same thing as a mechanic killing an engine in a Taurus.

This is not livestock, this is a family pet.
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We are all jumping to conclusions anyway, based on the OPs understanding of medicine. Two vets talking to each other, and a lawyer will decide liability, not us.
 
Christ... Talk about jumping the shark here...

The dog passed away... Very sad... The owner was sad and the vet had remorse...

Should be end of story... You get that procedure done on a dog you sign a disclaimer... Sounds like vet and owner are sad and ready to move on... And op wants to get money... Which, of course will never replace the dog...
 
Thanks for all the condolences. From what my sister told me, this vet has long experience, is highly regarded, and owns beagles himself. She has not said anything about suing, I just want to get a general idea as to what angles might be involved in dealing with this situation. Her other beagle, the mother to this one, was stolen while she was hunting last fall, so she's gone from 2 dogs to none. The operation was to remove ovaries and a growth/lump besides. She knows a lot about the proper care of beagles.
 
Superbrad said:
Christ... Talk about jumping the shark here...

The dog passed away... Very sad... The owner was sad and the vet had remorse...

Should be end of story... You get that procedure done on a dog you sign a disclaimer... Sounds like vet and owner are sad and ready to move on... And op wants to get money... Which, of course will never replace the dog...
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Yes its sad, but due compensation will replace the dog with another one, she can use the money, compensation, to buy a replacement.
 
Surgery is never without risk and there is no guarantees. It is unfortunate what happened but I doubt any lawsuit will get her anything more than empty pockets.
I would accept the $700 and move on, it wasn't intentional.
 
I had a similar case of veterinary malpractice. (Professor of Vet. performed Surgrery to correct botched operation by local vet and Prof also provided written statement)

I beleive a court may refer this case to the College of Vet Medicine, so first filing a complaint with the college is the way to go. Only if the vet won't replace your loss.

Also, the value of the dog would be the reasonable limit of damages.
 
I believe that in Canada animals and pets are considered property, without recognized intrinsic value beyond their monetary replacement value. Therefore claims for emotional loss or pain and suffering aren't considered in court. For liability for malpractice you would need to prove the care/surgery didn't meet the standards of practice or that there was negligence. In this type of unexpected death it's in the Vet's best interest to have an independent 3rd party perform the autopsy to avoid the appearance of a "cover up" if no cause of death is readily apparent. In this case the cause was found and he took responsibility.
Surgery carries risk, it's not like replacing a part on a car. People die all the time after routine surgery from blood clots, post op infections, medication errors, surgical errors and other complications.
You could file a complaint with the Provincial veterinary regulatory group and they will review the case to determine if the vet met "standard of care" or whether further steps need to be taken but they won't get involved in compensation.
 
The operation fee was reimbursed...good. I would likely explore the option of getting the dog replaced....but you totally lost me at looking for money for emotional suffering....get real.
 
The Loss of the Family Pet is a loss of a Family member.
good Luck trying to sue a Doctor.
Best bet is cut the loss and spread the word about the poor treatment of the Family Pet.
Others will have possibly better advice.
Rob
 
The whole story really sucks, sorry for her loss.
WRT the grave.
If the snow is deep, the frost is likely less than a foot, if the area has been uncovered for a while, it'll be hard as a brick, if it's under a fair bit of snow, the frost will be more spongy, and can be cut with an axe, or in some cases even with a sharp spade.
 
guninhand said:
Yes its sad, but due compensation will replace the dog with another one, she can use the money, compensation, to buy a replacement.
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OK... sorry... your original post lead me to believe that you were suggesting she be compensated for emotional stress...... If you are just looking for enough funds to purchase a replacement companion then I don't think that is unreasonable.....
 
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