Veterinarian Liability - Free Legal Advice

Questioner

In 2016, one of our dogs was operated on by vet A for a uterine infection, her uterus was removed. It turned out that a surgical clamp was left behind in our dog. In the last year we did find that she became a bit calmer but we thought that this was because of her age, 9 years. Last month she ate worse and became calmer. Yesterday she came home from work (service dog) and she was okay but an hour later she had done everything inside. I took her outside but it turned out that she had cramps and did not want to go outside. I called our own vet (vet B) with the story and he had me come straight away. There she also reacted with a lot of pain and was already in shock. He decided to immediately insert an IV and take pictures. The surgical clamps were visible on these. The surprise was great but that could not be the cause he thought. After an ultrasound, not much was clear so we decided to operate her and find the cause. Less than half an hour later he called me with the result. Her small intestine had gone through an ear of the forceps and had died in a short time. He consulted with a fellow doctor and they came to the same conclusion, she could not be saved. Without the small intestine she will no longer absorb any food and will not have much longer to live. She will also be in a lot of pain. Together with our vet we have decided not to revive her. In addition to the business 'problem' we have lost a vital dog who was still working regularly. I want to hold vet A liable for all damages but do not know what is wise. Our vet wants to assist us by means of statements etc. I have the photos and the photos of her intestines on which the forceps and the black small intestine are clearly visible. Please advise.

Lawyer

What an unpleasant situation. Veterinarians have a duty of care with regard to the treatment. In doing so, they must be careful during the operation and must ensure that the operation does not cause any further complications. Leaving a pair of forceps in your dog's abdomen can be considered a serious reproach. After all, the care is at stake here. The reproach must also be attributed to the veterinarian, which is also the case here. You can hold veterinarian A liable, providing adequate substantiation of the problem with as much evidence as possible. Veterinarians are often insured against these types of cases. If you are unable to resolve the matter or would like further assistance, a letter from a lawyer may help to resolve the matter.

Questioner

Thanks for the response, I have now put the entire process in writing and held veterinarian A liable. I have not yet sent him any photos or ultrasound, I will withhold them until requested. He has responded well so far. If it is established that he was negligent, he will pay the damages. He has informed his insurance company and they will of course have questions. If I cannot find a solution, I will certainly let you know.