Accidental Injury To Pet By Vet – How To Know If I Should Be Compensated?
March 6, 2011 by hrform3
Filed under Hair Regrowth Treatment
Not long ago, our two dogs underwent routine dental cleaning procedures at our vet, whom we have been with for almost 2 years. The procedure required that the dogs be put under general anesthesia for the procedure.
Part of being under the general anesthesia, and recovery from, was the use of an electric heating pad to keep the dogs warm. Several days following the dental cleaning, I was petting my Beagle and felt a raised aread on her side, under her fur. I used a safe electric razor (my Husband’s Remington) to remove the fur and see if she has developed some type of eczema or other skin rash. The appearance was unusual, so I took her to the vet the next day.
They examined the “lesion” and did a “skin scrape” to test for fungus or bacteria. None were present. We were sent home with a prescription cream to soothe the lesion and were told that the area would begin to scab over and slowly peel off in a day or two – it was diagnosed as “cellulitis.”
Over a week went by, and our Beagle spent most of this time quite on edge. I called the vet’s office one day, to discuss the “lesion” and let them know it was not healing, but rather peeling and bleeding. The vet assistant started talking about how this is a typical process for a thermal burn as it heals…
A thermal burn???!! No one had told me this was a thermal burn. I found out that other dogs who had dental cleanings or surgeries that same day as us, also began to show up at the vet’s office with the exact same symptoms – we just happened to be the first – and that it was quickly determined that the injury was a thermal burn caused by a faulty heating pad. Somehow, during all this time, we were the only patients that the vet failed to notify of the true diagnosis and its origin.
Needless to say I am very upset, thinking of the poking and prodding, the skin scraping, etc., that they did on DaisyLu before they knew it was a bad thermal burn. The office quickly and appropriately reimbursed me for any expenses (office visits, meds, etc.) that were related to treatment of this burn. They also offered to provide hydrotherapy sessions daily, which I elected to do at home, since the drive once a day for two weeks would be difficult. They were also quick to prescribe pain medication, which she had none of during the time this burn was fresh on her skin.
Unfortunately, the area of the thermal burn has left DaisyLu bald – there is no hair regrowth and it’s merely a visible bald spot on her side. It is about the shape and size of a souvineer penny you might get out of one of those machines at an amusement park.
DaisyLu is a pure breed AKC Beagle, but we do not and will not ever use her in any competitions where cosmetic appearance is necessary. But, even though this is the case, would we be “greedy” to think that such permanent cosmetic damage, as well as any suffering DaisyLu went though, is worthy of monetary damages/compensation?
Please, answer with honesty. Don’t just supply a careless answer for 2 pts. I really like our vet, but I want what is right for our Beagle since she is family and she does have rights of her own. Equipment goes faulty at any time. And the vet did right by not charging for any visits, services or meds related to this injury. I guess the question is, did the vet do enough to “right” this accident?
Thank you for your answer. Could you please supply your sources for this information? Greatly appreciated.
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YOu have no case. Animals, unfortunately are treated as property under the law, and the VET did compensate you for the additional medidcal costs associated with the thermal burn.
They fullfilled their duty to compensate you for the time, trouble and expense.
Unfortunately, you cannot sue for “potential” earnings (even though the animal is AKC, it doesn’t damage the ‘genetic’ makeup of your animal, should you wish to breed him/her).
The law doesn’t recognize “suffering” for animals, save for the case of prosecuting someone, for neglect or animal cruelty, and intentional harm done by the perpetrator.
I think the vet messed up, but it could have been an oversight.
Once they were notified of the problem, they paid for your out-of-pocket expenses.
You admit that there will be no losses in the future from the cosmetic damage. The dog seems to be fine now.
You have no damages to claim. In Court, if you have no damages, you can’t have a claim – that’s the way the system works.
I’d let it ride.