|
This factsheet was completed by People for the
Ethical Treatment of Animals (PETA). Please direct any questions or
comments to PETA directly at 757-622-7382 or info@peta.org.
Veterinary Malpractice and Grooming Accidents
The difficulty in coping when a companion animal suffers from an injury—or
death—is compounded when you suspect that negligence or abuse by your
veterinarian may be to blame. You can help protect your animal before tragedy
strikes by seeking out a skilled and caring veterinarian (ask for references
from trusted friends and humane organizations and call the local Better Business
Bureau, Chamber of Commerce, and State Board of Veterinary Medical Examiners to
check for complaints); seeking a second or third opinion about your animal’s
diagnosis before proceeding with surgery or treatment; and carefully monitoring
your animal’s stay and treatment at the veterinary clinic. Never hesitate to ask
questions about your animal’s treatment and never leave your animal overnight at
a veterinary hospital unless you are convinced you must.
If your animal companion does become sick or injured while at a veterinary
clinic, immediately take your animal to another veterinarian for a second
opinion and treatment. Ask for copies of your animal’s medical records from the
original veterinarian and show these to the second veterinarian. If your animal
dies, have the body necropsied to determine the cause of death.
When You Suspect Malpractice
There are several steps you can take when you suspect that veterinary
malpractice has led to your companion animal’s injury, sickness, or death.
First, send a concise, accurate, and factual written complaint (what happened,
when, and where) to your state veterinary licensing board, asking for an
investigation and response. Follow up your written complaint by telephoning the
licensing board. You should also submit a complaint to your local veterinary
medical association, asking for an investigation. (Any veterinary clinic should
be able to provide you with addresses for the state licensing board and
veterinary medical association, or look in the phone book under state agencies.)
File copies of your complaints with the Better Business Bureau, local and state
Consumer Affairs offices, and local SPCAs as well.
You can also file a small claims suit against the veterinarian by filling out a
form and paying a small fee at your local courthouse. You are responsible for
presenting your own case in small claims court, so be sure to have copies of all
your animal’s medical records (including the results of the necropsy, if
performed), statements from other veterinarians who examined your animal once
you suspected negligence, and copies of your veterinary bills. Although small
claims courts award only "out-of-pocket" expenses, the attention generated by
your case may be enough to prevent a veterinarian from acting irresponsibly in
the future.
You can also hire a lawyer and bring a malpractice lawsuit against the
veterinarian or negotiate a settlement. As with a small claims suit, you will
need documentation to back up your case, including statements from "expert
witnesses" (such as veterinarians, pathologists, and others with special
professional knowledge of the issues under consideration). Unfortunately, you
may find that many lawyers hesitate to take on these cases because the potential
for a large monetary award is low. In most veterinary malpractice cases, awards
are limited to the costs incurred, plus the cost of replacing a companion animal
with an animal of similar value. Some state courts, however, are beginning to
acknowledge the unique nature of the bond shared by humans and their companion
animals, and these courts also permit the recovery of "reasonable sentimental
value" in some instances. California, Connecticut, Florida, Illinois, and New
Jersey are among the states where recent veterinary negligence cases prompted
judges and juries to assess the value of companion animals beyond their
"property value."
To find a good attorney, ask for a recommendation from the local bar
association. Regardless of what action you decide to take, consider contacting
local newspapers and television stations. Your story could help protect other
animals from harm.
Grooming Accidents
Animals have been seriously injured or killed at grooming salons. Some suffer
from heat exhaustion as a result of being left unattended in front of dryers,
and others are the victims of other types of neglect. In 2002, a chow was hanged
to death at a Utah PETCO store when, left alone, she tried to jump out of a
grooming tub.(1)
The best way to prevent accidents is by taking precautions and doing research.
If you must leave your companion animal at a grooming salon, do the following
things to ensure his or her safety:
Check to see whether the groomer you are considering is a member of any
trade organizations. Although groomers are not required to be licensed,
association with groups like the National Dog Groomers Association often
indicates professionalism. Evidence of participation in industry seminars is
also a good sign.
Find a groomer with experience. Groomers who have many years of
experience in working with animals will be more confident in their skills
and limitations and should be more comfortable with animal behavior. Any
reputable grooming salon should have at least one veteran groomer on staff.
Request references from other clients.
Consider a groomer who makes house calls so that both your animal
companion and the groomer are under your supervision.
Another option is to learn how to groom your animal friend yourself. Regular
bathing, brushing, and clipping help you to build rapport and trust with your
animal companion while keeping him or her looking and feeling healthy. A good
grooming routine should include the following:
Brushing
Brushing removes dirt and dead hair, stimulates circulation, distributes
natural oils throughout the coat, and provides a fantastic bonding
opportunity for you and your animal companion.
A thorough examination of the body and skin
Regularly checking for lumps, parasites, wounds, and other abnormalities
is a great way to catch potential medical problems before they become
serious.
An inspection of the ears
Check for unusual odors or inflamed skin, either of which could indicate
the presence of infection or mites.
Toenail clipping
Overgrown nails can lead to injuries of the foot-pad, walking difficulties,
and elongated blood vessels in the nails. Your veterinarian can show you the
proper way to trim nails. When trimming your companion’s nails, check for
cuts or foreign matter between the toes.
Dental care
Use toothpaste that is especially formulated for dogs and cats. If your
companion doesn’t like you to use a toothbrush on his or her teeth, try
wrapping some gauze around your finger instead.
Baths
Depending on your animal friend’s breed and activities, baths may or may not
be necessary. If you do bathe him or her, use lukewarm water, rinse well,
and consider putting cotton in his or her ears to prevent water from getting
in and promoting infection.
You can help prevent grooming accidents by contacting your local and state
representatives and pushing for stronger regulations on the grooming industry.
Laws that require that groomers use only dryers that must be reset after a
period of time rather than those that reset without a break, laws that set time
limits on tethering and standards on the types of tethers that may be used, and
laws that prohibit the use of sedatives or tranquilizers are the type of
legislation that can save lives and prevent tragic accidents.
If your animal becomes injured at a grooming salon, you can file a small claims
suit or lawsuit against the groomer or salon, and remember that a story about
your animal’s injuries on a local television station or in the newspaper can
help prevent future tragedies. Public awareness is a powerful tool.
References
1)Tad Walch, "Woman’s Suit Against PETCO Seeks to Test Value of Pet’s
Life," The Daily Herald, 17 Nov. 2002.
|