Vet Malpractice

Anyone have experience with this?

I lost a dog yesterday to encephalitis that was completely misdiagnosed by my regular vet, and then on a follow up appointment where the dog was very sick and exhibiting neurological symptoms I was told that the neuro symptoms were part of his neck injury and to give him more anti inflammatories. The vet didn’t even examine him at this time and sent me home. He worsened overnight and I took him to the emergency clinic the next day. We immediately got a referral to a neurologist and he was admitted to the ICU. He died this Sunday. This treatment is very time sensitive, maybe if he’d received treatment before his condition worsened, maybe he would have made it.

I guess I’m just trying to deal with this anger, and reeling with the decision on whether or not to go through some sort of formal complaint process.

I’m very sorry for your loss.

I have no specific experience in malpractice, but I am an attorney, and my sense is that you won’t get far here. Your damages would be the loss of your dog, and though he was unquestionably priceless to you, unless he had some specific show or breeding value, he won’t be valued much by the court. I guess depending on the jurisdiction there could be some $ for emotional pain, but likely not enough to justify litigation.

If you are looking for some type of action, I would recommend contacting the local board that licenses vets in your jurisdiction. There is undoubtedly some sort of disciplinary process. And if you were going to bring a malpractice action, you would likely need to submit a complaint with the licensing board first anyway.

And also (and I mean this with the utmost kindness), I would wait a few days before taking any action. Bringing an action against a vet, even one that is not litigation, will be incredibly hard on you. Let the sharpest part of your pain ease a bit, and then decide whether bringing this action is for the best.

I’m so sorry. I had a reason to file against a vet thru the state vet board, and basically it comes down to whether the vet provided the care that is considered to be standard. IE, would most any other vet done the same as your vet. Were their diagnostics pretty much what most other vets would do, given the situation?
You can file a formal complaint with the state vet board requesting a formal hearing, if you feel they did not provide the normal standard of care that most vets would do in that situation.

I am so so sorry for the loss of your dog. I work in a specialty practice and many times we see things get misdiagnosed by general practicioners. I don’t think at all it is deliberate, but I think there are some things they never see and just don’t know. I don’t know your details, and I know you are very angry. I would be too. Maybe your vet has never dealt with anything like this before.

What jetsmom and the others have said. Whether or not you have a suit comes down to whether the standard of care has been met. If it has, you have no suit. If it has not, there are some fines for the vet, and you’ll be reimbursed for up to the medical costs and the value of your dog.

FWIW, and it’s probably not much at this point because the pain is so fresh, encephalitis can be a rip-roaring terrible disease where time is of no consequence. I’ve lost several that became clinical within 12 hours and died within 24, even despite early aggressive treatment. Sometimes early intervention can make a difference, but generally, if they’re rapidly progressing like that, there’s not much that can be done.

If you do decide to proceed with litigation, having a necropsy done by a board-certified pathologist can help you. It may be too late to make that decision.

I’m terribly sorry for your loss. As others have said, please take some time to think things through before making emotional decisions.

[QUOTE=Beckham03;8058693]
I am so so sorry for the loss of your dog. I work in a specialty practice and many times we see things get misdiagnosed by general practicioners. I don’t think at all it is deliberate, but I think there are some things they never see and just don’t know. I don’t know your details, and I know you are very angry. I would be too. Maybe your vet has never dealt with anything like this before.[/QUOTE]

It’s not so much the misdiagnosis, as the fact I brought in a sick dog with neuro symptoms that he told me were normal and declined to physically examine. I do believe if he had physically examined and felt the neck he may have had more information and realized the severity of the situation.

It’s the lack of physical examination on a dog that had been in pain since sunday (and already been into their office on monday) that makes me think that he was negligent.

But thank you all for your kind words, this really hit my whole family hard as he was not an old dog and should have lived a happy life for many more years.

ETA never considered litigation, just filing a complaint with the Vet’s board.

I might be inclined n this situation to file a complaint with the state board. It might result in the DVM being told he needs to actually examne an animal presented to him (or offer referral), but also being required to take some continuing education hours in diagosis and treatment of neurologic issues.
Who knows–it might end up helping another dog in the future.

I think what Ghazzu has said is the absolute best way to go. No, you should not let this go for the sake of others at least.

Unfortunately I’d echo what others have said. I’ve been in a similar situation and and any form of recourse would likely be expensive and time intensive, likely getting you nowhere.
One thing I did do, which helped with my peace of mind, was wait a few weeks until my emotions cleared and write a thorough, well written, factual review. I wrote from a non-bias perspective and included facts and timelines only. I than posted it to every review site I could find. More and more folks use the Internet for recommendations when it comes time to find a care provider. In my case, my vet was grossly negligent and I would have liked to think that if I could prevent my situation from happening to another family, it would help at least a bit.
I’m so sorry for your loss.

I know a vet who was brought up before the vet board after a complaint. It was very stressful for her (she had to hire a lawyer) even though the complaint was judged to be unfounded.

She did say though, that the main focus of the board, even if the vet is not deemed to have been negligent, is still to see if they could create better policies to prevent issues in the future. So a learning experience, even if it is decided there was no negligence.

Based on that, I would say it is beneficial to bring complaints like that to the Vet State Board.

I am so sorry for your loss. I, like other have said, would file a complaint. I would also find a new vet. Again very sorry.

I am so sorry for your loss.

Filing a board complaint is a reasonable option. Here’s the part you may not want to hear. I work as an ER vet. Neuro type stuff is often not very clear cut. Just in the past two weeks I have seen dogs as recheck visits which had more vague signs when seen by my colleagues a few days earlier. One progressed and was seen by another colleague and sent for cervical disc surgery. The other I diagnosed with less severe cervical disc disease and was able to treat medically. The one we have (practice does both regular day and ER) being treated for meningitis took a few visits. Encephalitis is rare and there’s a good chance never seen before by your regular veterinarian. With the pain described, treating for the more common cervical disc issue was likely a valid option. Where your veterinarian might get criticized is in not recommending referral sooner.

Had the exact same thing happen with my 6yr old son (sick on a Wed and died Sat morning. We were told it was just the flu.) It is a very difficult thing to prove and carry out. I gave up and moved on with my life (as hard as that still is)

[QUOTE=Nootka;8060075]
Had the exact same thing happen with my 6yr old son (sick on a Wed and died Sat morning. We were told it was just the flu.) It is a very difficult thing to prove and carry out. I gave up and moved on with my life (as hard as that still is)[/QUOTE]

I’m so very sorry for your loss. We went through something similar with my daughter…thankfully she made it. We elected not to sue, but did report the doctor and the hospital to the medical board.

It’s not wrong to file a complaint especially if you requested a physical exam!! So sorry for your loss…I know it won’t make you feel any better but many dogs exhibiting signs of encephalitis often do not do well long term regardless how fast it was caught. I’m so sorry and hugs to you.

[QUOTE=Marshfield;8059255]
I am so sorry for your loss.

Filing a board complaint is a reasonable option. Here’s the part you may not want to hear. I work as an ER vet. Neuro type stuff is often not very clear cut. Just in the past two weeks I have seen dogs as recheck visits which had more vague signs when seen by my colleagues a few days earlier. One progressed and was seen by another colleague and sent for cervical disc surgery. The other I diagnosed with less severe cervical disc disease and was able to treat medically. The one we have (practice does both regular day and ER) being treated for meningitis took a few visits. Encephalitis is rare and there’s a good chance never seen before by your regular veterinarian. With the pain described, treating for the more common cervical disc issue was likely a valid option. Where your veterinarian might get criticized is in not recommending referral sooner.[/QUOTE]

No, where the vet should be criticized and disciplined is in neglecting a physical examination at the second visit.

[QUOTE=LauraKY;8060096]
I’m so very sorry for your loss. We went through something similar with my daughter…thankfully she made it. We elected not to sue, but did report the doctor and the hospital to the medical board.[/QUOTE]

I had quite a few conversations with other doctors and they said it was best that he passed on. Chances were he would be a potato if he had survived it. At first we had no idea what it was that killed him but 15 months later that autopsy report came back as Streptococcal Encephalitis

First, I want to say how incredibly sorry I am for your loss. Loosing a loved one (four legged and two) is never easy, but remember all dogs go to heaven.

So, if I am reading this correctly, you took the dog in before and he received a physical exam, initial diagnosis, and medications. You took him back for a recheck when he seemed worse, and the doctor didn’t do a full physical exam (did the tech get TPR)? When the dog got worse, you took him to e-vet and then they referred you?

As someone who works in the industry, I can tell you that FULL physical exams upon recheck appointments aren’t always done or deemed necessary, especially if vets have seen the dog within DAYS. Generally, it’s more of a talk, talk, talk, diagnose or referral. Fortunately for our clients, we work closely with our veterinary specialist center and referral OFTEN. Unfortunately for our clients, sometimes mistakes happen and misdiagnosis happens. You will get that with ANY vet, any specialist, and any human doctor. It’s just the game we play.

Encephalitis is extremely common with Distemper, in this area (though we don’t see that often, because usually people vaccinate). It generally shows itself differently at first before developing into neuro. So one question, is how sick was your dog before you took it in? If it was already showing neuro (so many things can cause neuro symptoms), he/she could have been sick for a WHILE before. If he wasn’t sick at all before, it’s easy to think OH, he injured himself. Were you offered radiographs?

We recently had a dog in that was very sick (fever, heavy breathing, lethargic, etc). Vet diagnosed him and his playmate with Pneumonia. The playmate thrived after a few days hospitalization. The other dog had a tail wag and seemed better, so they were both discharged with antibiotics and a few other medications. The playmate did great, but the other dog got worse and started having seizures and displaying neuro signs. He came in for a recheck and was put on seizure meds, temp was fine at this point. He then got worse, just totally plummeted and couldn’t even walk. Vet had a light bulb go off and said “Holy crap, is this distemper?”. She sent the tests off to the lab, but before they could get back the dog passed.

Unfortunately, things like this happen. We all were heartbroken when we saw the dog go, and we all were kicking ourselves for not noticing sooner… But we can’t be perfect. We got the test results back and he was positive for Distemper, 100%. We just don’t work with it enough for it to come to our mind. We also found out useful information WAY after the fact that the dog had been picked up and taken to a shelter for weeks that had a DHP outbreak. He had been sick for a month beforehand, etc. We can’t make accurate diagnosis without the help of the owner! I’m not saying you lied or waited a month to bring the dog in, but this is just one of the many things that vets have to work with and around.

Yes, bring this to the board if the vet neglected to do his duties as a DVM for your state/country/province. No, don’t sue because you probably won’t get far. There are BAD vets out there. It just happens. Has this vet ever given you a problem before? I would also agree with others in saying, wait until you have had some time to heal. Please, take the time you need to grieve. The board will be there when you are ready.

Remember, most vets are CYA’ers. We do minute to minute detailed write ups of ALL visits and phone calls. They entail things the owner said, what the declined, what was offered, and our diagnosis/treatment/plan. Unless you are 100% POSITIVE, the vet didn’t do anything in your dogs best interest and died because of it, don’t waste your time or $$$ going after him/her.

[QUOTE=Nootka;8060572]
I had quite a few conversations with other doctors and they said it was best that he passed on. Chances were he would be a potato if he had survived it. At first we had no idea what it was that killed him but 15 months later that autopsy report came back as Streptococcal Encephalitis[/QUOTE]

I’m so very sorry.