Racer's Lounge - To those with legal experience...

I recently took my puppy, Murphy, only 3 1/2 weeks old, in for a grooming. after leaving, the wife was talked into having him nuetered. they signed the release forms for us, without us knowing, and the doctor, Dr. Buchannon, gave him too much anestisia, which caused his heart to stop. they were able to resesitate him, but do to severe neurological damage, we had to put him to sleep. i want to know if i have a case against this doctor. any information will be useful. thank you.

Matt D'Atri

So you (wife) gave verbal permission, I assume? What do you mean by they signed without you knowing? What would your exact grounds be with the suit? Would you have signed the papers if need be? HOw is what happened different than if you would have signed the papers?

BTW: Sorry to hear it.

he was only supposed to go in for a grooming. they called her, and told her that it would be a good time for him to be neutered. without letting her know of any problems or complications that could arise, they talked her into doing it. after it was all said and done, i asked them why they didn't have her sign any consent forms. they said they signed them for her. the grounds for the case would be they did it, fucked it up, killed my dog, and signed the papers for her.

My honest opinion is that you probably have a case, but probably shouldn't pursue it any further than direct compensation for the value of the dog. That kind of thing happens. It sucks, but it does.

My honest opinion is that you probably have a case, but probably shouldn't pursue it any further than direct compensation for the value of the dog. That kind of thing happens. It sucks, but it does.
IANAL but that's how I understand it as well. Animals are generally classified as property in these types of cases so you really can't get much except their monetary value (i.e. no pain, suffering, trauma, etc.).

If she did not sign anything, I would pursue as far as possible. 3.5 weeks is a terrible time to neuter a dog. the poor thing isnt even CLOSE to being fully developed, and can suffer major problems later. This is the same scenario as why people dont get their eyes fixed (Lasik, RK, whatever.) until they are done growing!!!

I am sorry for your loss. :(
Brad

Actually you are supposed to have it done while there young... And I dont think you have a case..... No Judge in the world is going to give you Monetary compensation for the death of your dog..... You couldnt go out and sue someone for hitting your dog with a car.... You MIGHT and thats a BIG might get the cost of your dog back... oh and your wife also as it seems gave the doctor verbal permission to go through with this.. and in the release form you signed (verbally) it says theres the chance of death etc...

Plus I hope your not trying to get alot of money out of this... This is really sad if you are.... I mean come on man... People make mistakes... I take so unkindly to this because my dad is a doctor and with current malpractice insurance rates.. I mean its running them out of business... I really hope one day all doctors decide to quit.. then will see how reliant the world really is on them.... Sorry to rant but its f****** bullshit

First of all, I never said I wanted any money out of this. I want the doctor to be punished for his negligence, so Cammin03' you can stop the rant. I was just asking if it is worth the time and my own money to see this through.

I doubt you would get anything more than what your dog cost.Dogs are considered property where I live and I don't think the cost of litigation would be worth it.

I'm sure the vet feels awful about the situation,remember they're animal lovers.Sucks about your dog,I would get another puppy and a new vet.

First of all, I never said I wanted any money out of this. I want the doctor to be punished for his negligence, so Cammin03' you can stop the rant. I was just asking if it is worth the time and my own money to see this through.

Just get a new dog and a new vet. Also tell your friends of your experience and he will pay for the mistake. Don't sue him though I mean it isn't gonna bring your dog back. People that sue at the drop of a hat are screwing up society.

Matt, sorry to hear that. Losing a dog is horrible- my 2 1/2 year old bulldog died a couple years ago while in the care of some family members (not their fault as far as I know...) I'll call my dad and ask him what he would do, he is very good friends with a vet.

:( :( :(

Talking to my dad now... How much was the dog? Type of dog? Bloodline?

He was a miniature, long haired, dachshund. $800.
http://img.photobucket.com/albums/v483/mdblackz28/murphyback.jpg

I dont know what else to say after that pic. :(

That's so sad....I'm so sorry for your loss.
I was broken up by the story, but when you said he was a Daschund that made me even sadder. I have two myself and I have become quite fond of daschunds.

I'm not sure how much of a case you have, but even if it's rock solid the vet won't be punished enough for what he did.

I'm not sure how much of a case you have, but even if it's rock solid the vet won't be punished enough for what he did.
You say that as if he did it on purpose and needs to be hanged or have his business bankrupted. :confused:

Normally dogs aren't neutered quite that young...I think that was probably a big mistake for them to suggest it while he was that young. Sorry about your loss.

I don't have much advice for you but I really feel for you. Our golden is like a family member and I would be extremely pissed and sad if I where in your position. I would call some other vet offices and ask if it's ok to nueter (sp?) when they are that young. That might be a good start.

thank you to all of you. like you guys said, he was a family member, not a pet. Anna and I do not want to have kids, just lots of dogs. he was our first together, so it is the hardest. i am not going to sue, or anything like that. i am just going to have them pay for another dog.

thank you to all of you. like you guys said, he was a family member, not a pet. Anna and I do not want to have kids, just lots of dogs. he was our first together, so it is the hardest. i am not going to sue, or anything like that. i am just going to have them pay for another dog.

You'll have to sue if you want anything. I doubt that they will cough up the $$$ just because it's the right thing to do. :bang:

Was the dog a purebred?

yes, he was purebred. i talked to the owner of the animal care center, and he said when i find another dachshund, he will pay for it. i am going there tomorrow to get it in writing.

You say that as if he did it on purpose and needs to be hanged or have his business bankrupted. :confused:

mdblackz28 said something about punishing the vet. There will never be any recourse gained from litigation of this type that would ever resemble punishment. At best he'll get reimbursement.

I'm still wondering why the vet wanted to snip the dog so young. Out vet wouldn't let us until 6 months.

mdblackz28 said something about punishing the vet. There will never be any recourse gained from litigation of this type that would ever resemble punishment. At best he'll get reimbursement.

I'm still wondering why the vet wanted to snip the dog so young. Out vet wouldn't let us until 6 months.
Yes, that is young. :confused:

if he wants to nit pick and say he told your wife about the dangers, you should nit pick about how she diddnt ACTUALLY sign the papers. either way he goes, you should be able to get money for the dog out of it (and some free service if he's not a piece of shit). get the opinion of another vet (i keep wanting to put vette lol) if you have to go to court with the asshat.

......or you could just offer to nuter him? w/out putting him under, cant be too carefull ;)

Im not too experienced with legalities, but if I were you a certain vets dog would have disappeared. I mean how the hell did they know it caused permenant nuerological problems? My dog ate enough valium to kill a person about 7 years ago and while he had some problems for a little while afterwards hes fine now. It pisses me off how people are so quick to put a dog down nowadays. :eyes:

I've never heard of a vet that would do it until they're atleast 6 months old. You might be safe at 4 months, but 3 1/2 weeks is WAY to young. The vet f*cked up big time. You'd have an easy case in small claims court for the price of the dog + what ever court costs in your county are. Which I would do if they hadn't offered to pay for another dog. Since they offered I'd just take the money and find a new vet.

And if you happen to accidently trip next to the vets car with your keys in your hand so be it... :secret2:

I hate to sound redneckish but if that was my kitty Dookie, I'd firebomb the place. My cat is second only to my wife. I would gladly delve into felonious activity to avenge my little dude.

I've never heard of a vet that would do it until they're atleast 6 months old. You might be safe at 4 months, but 3 1/2 weeks is WAY to young. The vet f*cked up big time. You'd have an easy case in small claims court for the price of the hitman + what ever court costs in your county are. Which I would do if they hadn't offered to pay for another dog. Since they offered I'd just take the money and kill him myself.

And if you happen to accidently let your .357 go off 6 times center mass when he comes out the door to go home so be it... :secret2:

fixed :jest:

First, my condolences on the loss of your pet:(. Losing one is like loosing a member of the family.

With that said, unfortunately the courts in most cases will not provide for pain and suffering, mental anguish,etc.

I don't know a thing about neutering a dog or cat and am not a vet; however, I can read and so can you. Do a little research and find out what the "reccomended age" is for such a procedure. The call the veterinary board and find out what they recommend (or require) as far as warnings, prior to a procedure.

Armed with this information, you can now approach the vet in an informed manner and discuss the options.

If he did a non-required procedure, dangerous procedure without proper warnings, or botched the procedure, then you have a cause for damages. If not, it's simply a horrible result of the surgery. Similar to things going wrong in a "routine" human surgery.

If the vet screwed up, then he will probably be sanctioned by the veterinary board, will likely be fined and you will probably get $$ to replace your beloved pet (I know you can't "replace" him, but you get my meaning).

If there was a forgery, then you have a criminal matter which can be taken up with the State Attorney in your jurisdiction. If she gave her permission for them to sign for he, it's doubtful the state will prosecute.

Good luck and I hope the hurt heals soon.