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wanda830 · Oct 29, 2010, 02:58 PM

My Starr never recovered from being spayed.I had a necropsy done and it came back yesterday.
A problem with the ligation of the artery resulting in continued bleeding.
What should I do? He killed my Best friend.

Sariss · Oct 29, 2010, 03:20 PM

If he improperly ligated the pedicle, then he should be held accountable. That's like.. the main thing about a spay surgery.

I'm sure you could sue him if you wish. You may be able to get re-imbursed the cost of the procedure if you just go through the clinic.

wanda830 · Oct 29, 2010, 03:57 PM

Thank you

Sariss · Oct 29, 2010, 04:09 PM

I would personally call the clinic, and see what they will do for you. Just don't get angry at the person on the other line, remember.. it wasn't them who did it.

Alty · Oct 29, 2010, 04:11 PM

There may be a problem when you're suing. Vets recommend that you sign a waiver, in case your pet dies because of surgery, or any other procedure or medication.

I would definitely talk to a lawyer, or try talking to the vet about this, he may be willing to reimburse you. If not, talk to a lawyer, bring all paperwork you signed, everything the vet gave you when you went in for the surgery.

I'm so very sorry for your loss.

wanda830 · Oct 29, 2010, 04:52 PM

I know,I was very upset.This is what he did.. I told him I wanted a necropsy and he sent her to be cremated,I had to work fast to get her back & sent to the right place.Thank god they didn't cremate on sundays

ballengerb1 · Oct 29, 2010, 04:54 PM

He sent her to be cremated without your knowledge or permission? This does not sound right to me. I guess I am overly suspicious but it sounds like a cover-up in the making

wanda830 · Oct 29, 2010, 05:24 PM

After the necropsy, yes she was to be cremated,He said she was already cremated .We did some fast calling around and got her back.Even got another vet .I could go on forever.I just want to know if I have a case.This just happen oct.15

Alty · Oct 29, 2010, 05:44 PM

Wanda, I'm going to move your thread to the legal forum, you'll get more legally accurate advice there. :)

wanda830 · Oct 29, 2010, 05:50 PM

Thank you..

Alty · Oct 29, 2010, 05:56 PM

No problem. I just figured you'd get more accurate legal advice in the law forum. We usually just handle basic pet problems in the pet forum, and sadly we don't know a lot about the law.

I wish you all the best, and again, I'm so very sorry for your loss.

Sariss · Oct 29, 2010, 06:23 PM

I would look into it all the same. The waiver is mainly to say that yes, there are risks in surgery and anesthetic death is a possibility.

If he did not properly ligate a vessel, that is negligence in my mind. This is not an anesthetic death that no amount of precautions could prevent.

AK lawyer · Oct 29, 2010, 08:08 PM

You're problem with litigation is going to be damages, assuming you can prove negligence. How much was the dog worth? Unless is was some sort of fancy show-dog or something, the amound you could recover isn't really going to be worth hiring an attorney.

Alty · Oct 29, 2010, 11:06 PM

AK, I have to ask, and I don't know the law so this is purely a guess. Could the OP sue for pain and suffering, or something along those lines?

The dog was young, and because of this vet she died. I realize that the worth of the dog and the vet costs may not be enough to pay for a lawyer, but aren't there any other damages to consider or have I just been watching too much TV? ;)

J_9 · Oct 30, 2010, 12:09 AM

In the eyes of the law, pets are merely property. Typically a judge will not award pain and suffering for loss of property.

twinkiedooter · Oct 30, 2010, 10:09 AM

Originally Posted by J_9

In the eyes of the law, pets are merely property. Typically a judge will not award pain and suffering for loss of property.

That is correct. Pets are personal property. They are not human. The property was damaged. You cannot sue for pain and suffering over an "object" being damaged. If you had to seek psychiatric care and end up taking lots of meds or go to a mental hospital as you were totally out of control then you would have something to sue over. But sadly in this case it does not sound like that.