Vet screws up, kills dog

guninhand

guninhand

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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 compensation from the vet and he denies it, can she go to small claims court? If so, anyone know what usual compensation 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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I don't have any sage advice, I just wanted to express my condolences to your sister.

It's tough to lose a pet, especially to the incompetence of someone you trust.
 
Having been through several litigations, my advice would be to request the vet replace the dog or financial remuneration in leiu of and be satisfied with that. No court in Canada is going to award on suffering for a lost pet, the best you can hope for in court is to recoup actual, provable, financial loss.
As tragic as the loss of a pet is, the reality is as stated above. The cost of litigation for suffering would be extremely high and not something that could be dealt with in small claims court. You need expert testimony from some mental health expert as to loss of sleep and depression etc..........
Condolences to your sister, I feel her loss, but unfortunately she'll not get financial remuneration for it.
I do believe that he is liable for the value of the lost dog however, and I assume she has a receipt for purchase of the dog and any professional training costs. This IS something that can be dealt with in small claims court, with a high probaility of success.
Hope this helps some.

Douglas
 
Sorry for the loss of your sister's dog.
The fur pets seem to grab hold the heart in a big way.
The vet did step forward and wave their fees which is to be
expected.
The costs of the pet up until that point should be covered as well.
After this is received, I personaly would file a complaint against the vet
and their business.
There should be some sort of vet accountability for errors such as this.
SPCA may be worth calling?
 
guninhand said:
I want her to be compensated for...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?
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Why is everybody looking for a payday?

And why are they unashamed to admit it?

Where do they think that money comes from?

Do they know that a "payday" comes only at a consequence?
 
HighTeckRedNeck said:
I assume that she signed a waiver stating that she was willing to accept the risks involved. I really doubt that you have a case...
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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!!!
 
That's too bad. The vet admitted it, they could have lied, you would never known better. Kudos to them, allow them to make things right as best they can, by being apologetic, and replacing the dog. A similar thing happened to my Dad, and it sucks, but mistakes happen, we are all human, they are unintentional, and cannot be reversed, as much as we would like them to be.

Things like this are belittled by money, don't stoop to that, short of being compensated for actual costs. Condolences.
 
guninhand said:
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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Most vets also offer cremation of remains. I'm willing to bet they would throw that in as well.

But I disagree with any compensation for emotional damages. Waive the fees, provide the cremation, pay to replace the dog.

My condolences for your loss.
 
Wendell said:
Why is everybody looking for a payday?

And why are they unashamed to admit it?

Where do they think that money comes from?

Do they know that a "payday" comes only at a consequence?
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Are you suggesting my goal is some kind of shakedown? If it is conventional jurisprudence under these circumstances to be compensated for grief, why would she not then make the claim? The grief is very real. If it is not the norm then fine, no claim for it will be made. I have no idea if vets carry some kind of malpractice insurance. If this one does, he can use it pay compensation, or pay out of his own pocket if he thinks it will drive up his premiums. All I want for my sister is what is legally due her.

I live in a different province than my sister and don't know if she had to sign a waiver. I posted this thread to get advice as I have no experience with any similar situation.
 
JAGDMORDER said:
^That.
My regards. Tough to loose a member of the family, my pets where always family.
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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).
 
Sorry to hear that. I'd be asking for the cost of the dog as well, because who the hell would pay for the services that negligently killed their dog? Hard to believe the waiver would hold up in light of the negligent actions of the vet. Imagine if you were hired to fix someone's brakes, the car crashes and is destroyed, and you say you will refund the cost of the brake job. Laughable compensation.
 
Consider that the vet "manned" up and took responsibility. He could just as easily bulls**tted your sister, told her it was "complications" from the surgery and he would have kept the $700, with your sister being none the wiser (and your sister being $700 poorer).

He was honest and truthful and took responsibility. More than I can say for 90% per cent of the population and most likely more than 99% plus in the medical world.

I would be thanking the vet for his openness.
 
It really sucks that it happened, My guess it that you could try and take him to small claims court he already admitted to his mistake and refunded you, so recovery of the cost of the dog is not out of the question, including training etc.
 
Sorry about the dog. There is a fee however, if you go to small claims court, years ago it was $500. to apply, i would guess it has gone up since then. Even if you win a small claims action, you never really win.
 
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