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Question:
About two months ago I bought a Yorkshire Terrier from a breeder here in Nevada. Just a couple of nights ago my dog died after a liver shunt. I want to know what the state laws are. Is the breeder held responsible? Do I receive a refund by the breeder? Are medical costs covered by the breeder? Any information that you may have on this situation would be greatly appreciated!
Answer:
You should check what your sales contract says to see if it explains what your rights are. Nevada does have a pet sale law but based on your e-mail, it does not seem that it will be applicable to you now. Under Nevada’s pet sale law, if within 10 days from the sale of a dog or cat by a retailer or breeder a veterinarian determines that the animal “has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale” the purchaser can choose to get a refund of the purchase price, return the animal and get another animal of equal value or get reimbursed in an amount not to exceed the purchase price of the pet for expenses incurred by the purchaser in getting the animal diagnosed and treated (although the law states that such care is to be from a veterinarian chosen by the retailer or breeder). Sometimes people who do not gain protection from the pet sale laws rely on general sale laws, such as the Uniform Commercial Code, when they purchase animals from a merchant (pet stores and many breeders would fall into this category) to attempt to recoup monies spent on a sick animal. However, you will probably need to demonstrate that the animal was sick when you purchased the animal. If you have not already done so, you should contact the breeder and find out what he/she is willing to offer you. If you are not satisfied and still want to pursue this matter, consult with an attorney or go to Small Claims Court.
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Question:
My sweet American pit bull terrier had surgery a year ago on 06/02/08. He was previously vomiting pieces that resembled his rubber bone toys and at x-rays taken, the vet said he had obstruction in his intestinal tract. (I have the x-rays) According to the papers, "he had 3 obstructions -1 in the stomach and 2 in the small intestines. Three separate surgical incisions were made to remove all of the objects". However, post-op a week after he came home, almost every early morning he vomited yellow foamy substances. When I mentioned it to the vet, she said it was normal that dogs usually vomit bile in the mornings when they have an empty stomach (written in the next reported vet visit). Solution: just feed him a snack in the early morning to avoid vomiting. It helped sometimes, but he always continued to vomit every other day. Six months later on 11/18/08, he gave me a terrible scare. I rushed him to the vet for repeated vomiting. He had vomited about every 5 minutes since he woke up (about 6-7 times before getting to the vet). According to the papers: "Radiographs were taken...the films revealed small pieces of bright material in the stool and a small amount of material in the stomach. No evidence of obstruction was found. The liver and the spleen were mildly enlarged. This enlargement may be a reaction to the intestinal upset. Gastroenteritis was suspected...blood chemistry was normal. The complete blood count revealed a mild increase in white blood cells, but no evidence of bacterial infection." Medications for acid reflux and nausea were recommended. Yet on 01/08/09, two months later and 10 lbs skinner, my dog vomited a huge piece of the very same foreign object (rubber toy) that the vets had taken out at surgery in June. I called the vets and they said that maybe he had ate another toy or dug up his previous toy and ate it. This I find impossible because after surgery, everything became child proof. No toys were on our property and when he needed to go outside, my mom or brother if not I was always with him to watch him. My baby was in so much pain (crying nonstop), I decided to rush him to another vet recommended by a friend of my mothers. There they ran tests and x-rays. And there very visibly in the black and white film, was a circular foreign object. The caring vet immediately phoned our emergency arrival to an animal hospital in Manhattan. "An abdominal exploratory surgery was performed and the foreign material was removed. A segment of small intestine was damaged by the foreign material and an intestinal resection and anastamosis was performed." The day in which I went to pick him up to take him home, the vet showed me the object taken out. It was the very same object the previous vets had taken out in June, only a bit darker! Basically, it seems like that piece was left and as time went by, it continued to settle there, damaging the small intestine around it. That could explain why my dog never fully recovered after the first surgery like he should have. Now seven months since the last surgery and thousands of dollars on credit card for this college student to pay back, he has been happy as can be. No vomiting, no stomachaches, no foreign objects! We are all finally at peace. We no longer see the vets that caused us so much pain. With his new vets and saviors as we like to think of them, he is well taken care of. Even previous things such as ear infections and allergy that the previous vets gave us medication for but solved nothing, our new vets were able to prescribe the right medications and we saw results right away as oppose to weeks and months! Even though I am mad and upset with the previous vets, the most important thing is that my dog is now healthy and happy. Was there medical negligence in my dog's experience? Do I have a case worthy of court?
Answer:
In order to be successful in a court action you would need to convince the court that the object your dog vomited and the object taken out in the second surgery were not ingested after the first vet performed surgery on the dog. That could be difficult. I don’t know if there is some way to prove that an object has been in the stomach/intestines for a long time (in which case you might be able to prove your case). It is possible that if the second vet compares radiographs from the first vet, he/she might be able to determine something helpful. Then you would probably need the second vet to testify on your behalf. Small Claims Court might be the best route for you but first consider having a consultation with an attorney in your area (some attorneys offer free consultations). Also, every state has a veterinary licensing board. In NYS, you can call 800-442-8106 or go online to www.op.nysed.gov/opd.htm to file a complaint. The board has the authority to revoke and suspend licenses and to fine veterinarians but does not have the authority to award you any money. If the board finds against the vet, its findings may be helpful to you in court (although the reverse may be true if they find that the vet was not negligent).
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Question:
I am looking to find an attorney close to where I live. I live in Sacramento, California. Zip code 95834. Can you you refer me to anyone? Also, is there a way to check on a clinic to see if they have a record for legal problems or anything else? Thank you.
Answer:
I suggest you contact the California Bar Association for a referral or try the Animal Legal Defense Fund, 170 East Cotati Avenue, Cotati, CA 94931, (707) 795-2533. You will need to specify more precisely why you want a referral (for example, do you want to sue a veterinarian, are you being evicted for having a pet, do you want to have a pet trust prepared for you, etc.) so that you can be referred to an attorney who can best advise you. To check on a veterinary clinic, try contacting the Veterinary Medical Board, 2005 Evergreen Street, Suite 2250, Sacramento, CA 95815-3831
Phone: (916) 263-2610, vmb@dca.ca.gov
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