I am curious if anyone here has tried to sue a vet or get a class action going. I had considered it before against Dr. Anne Rodgers and Veterinary Specialists of the Southeast (the vet and clinic where I took Auster the first time she bloated). Auster just bloated again and I had to euthanize her (the vet and I agreed that Auster had little chance of surviving, and no chance of leading a pain free life).
My concern is that legal fees could end up being huge. If I weren't a college student it wouldn't be an issue, but I have no house or car to sell. I'd appreciate hearing from anyone that has done this before and what the outcome was. Auster went to a VSS clinic in Savannah, GA while she was living in SC, and just died in NC.
"Dog breeding must always be done by a dog lover, it can not be a profession." -Max v Stephanitz
Jeannette Polowski Webboard User Reg: 03-12-2002
Posts: 732
Loc: Hudson Valley of NY
Offline
OH Lauren, I am SO sorry for you!What an awful thing to happen <img src="/ubbthreads/images/graemlins/frown.gif" alt="" /> <img src="/ubbthreads/images/graemlins/frown.gif" alt="" /> My heart goes out to you.
No one ever said life was supposed to be easy, life is what you make of it!!
Major Iain Pedden Webboard User Reg: 02-18-2003
Posts: 197
Loc: Virginia
Offline
Lauren,
I am very sorry to hear about your hound. I know it's hard to have to put one down; it can only be harder when you think the vet is partly (or totally) at fault.
Suits are particular things. They vary from state to state. Some states are passing laws that recognize animals as more than property. Traditionally, the amount of damages was limited to the amount of financial impact you could show-i.e., the cost of the dog. Some "show" dogs rated special consideration. You need to do a look-up on your state's laws in that regard.
Fees may not apply. Part of the reason why there are so many suits in other types of cases is the "contingency" system-the lawyer charges no fees up front, but makes no money unless you do. You should at least be able to get a free consultation and evaluation of the merits of your case that way.
Certifying a class for a class action suit is another deal entirely. You need alot of stars to align to make that happen, most notably a group of people who have suffered similar harm from the same defendant. The idea is that the plaintiffs should be able to consolidate their claims against that one defendant for purposes of judicial economy. Worry about that later.
So, that's the intro prac-app on suits. My two cents? Don't do it. Unless you really think that this person should NOT be a vet. It takes a very long time, and has the nasty side effect of dragging out your pain, focusing you on the bad details of the last hours of Auster's life, when you would be much better served by remembering the good times. I'm quite certain that the hound will be waiting for you happily on the other side either way.
My posts reflect my own opinions, and not those of the Marine Corps or the United States.
The vet waited too long to do the surgery. I feel fairly certain my regular vet will testify if I ask really nicely. He called 45 mins ahead of time (how long it took to drive there) and Auster still had to wait at the emergency clinic before even being examined (much less having surgery). Auster's post-surgery records indicate that she has had many digestive issues.
Before this my parents didn't want to pursue it, but after Auster bloated again (probably because of improper tacking, but they didn't want to do a necropsy) they realized that this woman had to be stopped.
"Dog breeding must always be done by a dog lover, it can not be a profession." -Max v Stephanitz
A malpractice suit, even if successful, will not stop a vet from practicing. If that is your goal, filing complaints with the certification board in the state that the vet practices in would be more usefull.
When purchasing any product from Leerburg Enterprises, Inc. it is understood
that any and all products sold by Leerburg Enterprises, Inc. are sold in Dunn
County Wisconsin, USA. Any and all legal action taken against Leerburg Enterprises,
Inc. concerning the purchase or use of these products must take place in Dunn
County, Wisconsin. If customers do not agree with this policy they should not
purchase Leerburg Ent. Inc. products.
Dog Training is never without risk of injury. Do not use any of the products
sold by Leerburg Enterprises, Inc. without consulting a local professional.
The training methods shown in the Leerburg Ent. Inc. DVD’s are meant
to be used with a local instructor or trainer. Leerburg Enterprises, Inc. cannot
be held responsible for accidents or injuries to humans and/or animals.
Copyright 2010 Leerburg® Enterprises, Inc. All rights reserved. All photos and content on leerburg.com are part of a registered copyright owned by Leerburg Enterprise, Inc.
By accessing any information within Leerburg.com, you agree to abide by the
Leerburg.com Privacy Policy and Terms of Use.