|
Fortunately,
most emergency vet care we receive is excellent and most of us can tell
repeated stories of pet whose lives were saved by caring, competent emergency
veterinary care. The following story and suggestions are only for someone in the
very regrettable situation that Eli's owner found herself in.
For Eli, every morning was Christmas morning. Time to get
up and PLAY!! A gallop down the hall, a launch off the entry floor to land
halfway into the living room by the sliding door, bouncing up and down,
completely impatient , SMILING. Smiling. Eli had a grin that let the world
know how happy he was.
Two speeds: Stop or go very, very fast. Kong maniac.
Tracking squirrels tree to tree. Investigating butterflies. Hiking with his
red backpack. Swimming at grandmas. Visiting friends. Gathering hugs and
kisses. All in a day’s play. Howling to Frank Sinatra: ‘If I’m gonna love
you, its for sure I’m gonna love you… all the way…’ Eli lived his favorite
song. His was a life lived with joy.
Eli was beautiful, inside and out ~ goodness embodied in
a jet black, beautiful creature who enchanted those who knew him. His loss
was devastating. The way in which he died could not be dismissed.
Eli was brought to a 24/7 emergency veterinary
hospital seeking immediate treatment for what his owner believed to be a
serious medical problem. Despite symptoms that indicated severe abdominal
distress, Eli was not seen by the vet in charge for half an hour, nor
admitted for one and one half hours. Radiographs were not taken for
almost 2 hours, despite repeated requests. The veterinarian in charge
failed to properly read and interpret the x-rays, diagnosed Eli's condition
as pancreatitis, then took little discernable action to reevaluate him
despite his owner's pleas for surgery and another opinion. 11 hours
after arrival, having received little more than fluids and pain medication,
Eli was septic. 16 hours later, he was lost.
A year and a half after Eli’s death, justice prevailed.
Shortly after Eli was lost, a case was filed with the
State Board of Veterinary Licensure in Massachusetts. Several months later,
a hearing was held by the board to review all information. In July of 2005,
Eli’s case was closed. The file is now public. The Board stated that all
the evidence provided was sufficient to prove that the vet who was in charge
when Eli was brought into the
‘state of the art’ veterinary hospital
violated the rules and regulations that
govern the practice of veterinary medicine in our state. In
return for the Board not prosecuting in court, the vet agreed not to renew
their state license for
4 years.
Furthermore, if after four years the vet wishes to try to reinstate their
license, the vet must present to the Board evidence of having successfully
completed a minimum of 40 hours of emergency room training and X-ray
interpretation before the board will consider their request. It is the
highest form of punishment the state can impose. Among other things, the
now-public document states that 'Licensee [the vet in question] admitted
that there is sufficient evidence from which the Board could find that she
failed to properly read and interpret the x-rays taken of the patient [Eli]
in violation' of the particular state law.
The 'state of the art' emergency vet hospital settled for
a sum that included all attorney costs, all vet bills, and an assessment of
Eli's value considering his pedigree, temperament, and training.
There have been happy tears for
the vindication of Eli’s death and the knowledge that other animals will be
safer. And, there have been peaceful tears, for Eli’s spirit will live on in
the good that may be done for others in need. A material part of the
settlement has been donated to GSRNE in Eli's memory, so that dogs who have
had no hope may experience the joy that Eli lived every day of his life.
What Can You Do If
You Feel
Your Dog's Care Was Negligent?
As most people will attest, the vast majority of
veterinary care in New England is good. When your dog is in physical
trouble, a great emergency or regular
veterinarian can competently and kindly help you and your dog in what
can seem like miraculous ways. Your dog's life is saved, you are eternally
grateful, and after some time, life goes on as before. At
GSRNE we have seen this
happen time and time again as we work with veterinarians
in different areas to care for many GSDs every year.
 However, sometimes things don't always go as we
assume it would, as it did not for Eli and his "mom." With this tragedy in
the forefront of all of our minds, we offer this information to you for
informational purposes. Contact a lawyer to give you legal advise pertinent
to your situation.
Remember that prevention is the first key. If you feel that a veterinarian
is neglecting you and your dog and isn't considering what you request, ask
that another veterinarian at the facility work on your case - NOW. Don't
worry about appearing rude - you are your dog's best and sometimes only
advocate.
If a veterinarian change cannot
happen for whatever reason, if you can find another emergency facility or
know of one you can get to, and you can move the dog
safely, pick up and *go
somewhere else*. This may not be possible
or feasible, but if a move
may save your dog's life, do it.
If you cannot go
elsewhere and cannot have a different veterinarian help you,
and/or you feel your dog's care (or lack thereof) was clearly
negligent, here are some
steps that you may consider
following. At this point, it is best to contact a lawyer for legal advice
that is particular to your situation:
First, be proactive.
Write everything down while its fresh in your memory: What
you said; what the vet said; what was done; what was not done. If you had
a companion, have them write down what they experienced.
Keep your records, including payment receipts, charges,
phone bills. Request copies of the vet’s records. Require copies of
radiographs, test results, everything. If there is a charge, it should be
small.
Check with other veterinarians to determine what
reasonable care would be in their estimation. It may take a little effort,
but it is worth asking other veterinarians to review your animal’s records
and provide an opinion. There are many competent, ethical veterinarians who
believe in doing the right thing. It will help you feel peace or motivate
you to action. If actions are indicated, ask the reviewing vets if they
would be willing to write up their opinions for you.
Next,
Check with your state to find out what regulating boards
you have access to. They can provide information for you. Their mission is
to ensure a certain minimum level of competency of care in accordance with
your state laws. You can file a case with them, and a call can get you the
information you need to proceed.
You can try to work with the provider in question. Or,
you can find an attorney who will listen to your case and provide you with
guidance for a small fee, as well as the costs of taking it to various
levels. You can help yourself here: all of your documentation, and the
veterinary opinions you have obtained mean that you have a significant
amount of groundwork completed.
If you know of ethical breeders, provide them with the
details of your animal and ask if they will provide you with an estimate of
value. Be aware that the value of your pet in the eyes of many states is
that of property. Although some recent cases have allowed for emotional
distress, it is not yet mainstream. That said, your pet’s breeding,
training costs, level of training, veterinary costs for health maintenance,
and possible show record and/or achievements all factor into their value.
You may have paid $1,000 for your puppy, or adopted him/her. But your
adult, healthy, show or high quality, obedience trained, house trained,
agility trained and/or tracking trained dog who had good hips and elbows and
a solid temperament can be worth 2 to 5 or 6 times that.
The more homework and documentation you can provide, the
more you help your attorney and keep your costs low. Your settlement can
include those attorney’s costs in addition to your dog’s value and the total
of your expenses at the vet during the time in question.
Remember… there’s no guarantee of a good outcome.
However, the more solid evidence you have, the stronger case you have.
NOTE: GSRNE is
not dispensing legal advice and can't be held liable for any actions that
may be made after reading the above. We offer it as guidelines only and
suggest you pursue legal counsel if you feel it is warranted. |
