Veterinarian MAJOR ERROR

[cmccarthy9]

Hi all...

I was curious if I can get some input on if I have any leg to stand on regarding the following incident...

I have a weanling who is by a $5,000 sire...She is stunning!! Anyway two weeks ago she came in from the paddock dead lame. Her front left leg was swollen from the knee down but the ankle was the worst!

The farm owner immediatley called the vet and they came out and said they didn't think anything was broken, it probably was an infection! They put her on antibiotics and gave her some banamine and bute for pain! The leg was cold hosed all day

Next day, still no improvement, so vet was called out again because farm owner thought there might be a broken bone! Vet came out and took x-rays, but they said they came back clean. (Took x-rays of whole leg)

Took blood and results came back great, but she always had a fever of 102 and higher!

Anyway, its been two weeks and she hasn't gotten any better and is on high doses of anitbiotics... They Vet clinic cannot figure out where the infection is coming from, but suggested we take her there and they knock her out and put a cather in her ankle and pump antiobiotics into the joint!

We talked to a good friend of our who is a vet and he said that she didn't need to be knocked out to do that.. So, we shipped her to his farm and had the clinic fax him all the information on her!

Well, as soon as he got the x-rays he saw what the problem was immediatley! She has a cyst on the ankle and it is set on the growth plate! He sent the X-RAYS to multiple surgeons and they all said they surgery could be done, but is costly and the success rate is minimum...

So, anyway, she was put down because the white blood count was over 16,000, her fever never went away and she was starting to colic...

HOWEVER, the surgeons and the vet CANNOT believe that the original vet clinic missed the cyst on the X-rays as even a non-vet can see it! If it was caught the day the x-ray was taken, the infection could have been localized and she would have pulled through!! But they MISSED IT...

Do we have any recourse in this again the Clinic??? Not only did we lose the filly, but the vet bill is close to $3,000....

Any comments???

[Outermonvolia]

I think you have a good legal case against the vet with one caveat. You will have to get a couple of vets to testify against the one that missed on the diagnosis. It has been my experience that medical doctors and vets as well will not testify against their fellow professionals. I would talk with a good attorney and if he takes the case on a contingency basis I would proceed.

[ratherrapid]

only if they failed to act as a reasonable vet would in a similar situation. sounds as if the horse died under the care of Vet #2, which creates a tinge of skepticism.

I'd listen to the account of Vet #1 vis a vis the accusation of Vet #2. If unhappy with that story, then you're faced with taking the records to a vet school and finding out what should have been done. If the third vet determines negligence in a legal sense, that "caused" death (i.e. you need more than just a mistake, there also has to be "causation"), then you have a cause of action. With negligence and causation established, if the guilty Vet has malpractice insurance, should be easy to collect the value of the foal.

Medical malpractice can be tricky as you'd probably find out after getting an informed opinion. This might be just a tragic situation that was unpreventable that involved unaffordable surgery.

[Shammy Davis]

I agree with ratherrapid. The simple fact is that proving veterinary malpractice is difficult. Even if you were to win such a case, which is unlikely, the reward or damages would never cover the cost of the legal fees. If the weanling had not been appraised, then you are going to have an even more difficult time because ascertaining value is difficult in the case of dead horses. Courts do not, as a rule, allow appraisals to be introduced after the fact.

I suggest that if you feel the veterinarian did not perform services with due deligence, that you make a formal complaint to your state licensing board that governs veterinarians.

Even if you do make a complaint, the chances of them finding fault with this veterinarian is low. Normally, the majority of the licensing boards are of like profession and persuasion and they don't normally fault a fellow professional.

Personally, as I have posted before, it is my experience that the best way to get an incompetent veterinarian off the streets is to bad mouth them. In my 40 plus years of equine experience, I've only crossed the path of one vet who I thought was totally incompetent. I filed a complaint against her. Nothing was done. So I used word of mouth to protect other horse owners in my area. Free speech is a wonderful tool. As long as you are providing an opinion as to your experience with a professional and you are perfectly honest, there is absolutely nothing they can do. Further, I think if you ask around you will find that this veterinarian's reputation, if he/she is incompetent, has preceded him/her. Someone else has a tale of horror to tell. I found this true with the vet that complained about.

I am sorry for your lost.

[spex4me]

I would hope that if they missed the cyst and went the total wrong direction in treatment, the costs associated with the treatment would be negated. But then again I know what an uphill battle you are looking at. Good luck and I too am sorry for what must have been a very agonizing time and decision.

[trackgal]

We have a vet here that injected an "ankle", two day's later the horse popped a big juicy solar abcess. and has been fine ever since.

[Mood Swings]

I am so sorry about your filly
Unfortunately I think the cost of your legal bills will outweigh any reimbursement you may (or not) recieve if you pursue legal action. I also think you will have a very difficult time getting the vet to admit to even making a mistake.