ExpertLaw.com Forums

Misdiagnosis of a Pet's Infection

Printable View

  • 11-11-2010, 05:45 PM
    WhereToFromHere
    Misdiagnosis of a Pet's Infection
    My question involves small claims court in the state of: New York

    Can I sue a veterinary office in small claims court?

    My dog developed a rash on his belly several months ago. I took him to the vet and was given a prescription for antibiotics. No tests were performed, the vet looked at him from a few feet away and decided it was bacterial. The antibiotic seemed to help but a week or so after coming of the meds, the rash came back. I returned to the office and another vet (part of the same group) prescribed the same medication for a longer duration (also without performing any tests).

    The third time the rash came back, I returned to the office and saw the first vet. I asked her if there was anything stronger she could prescribe, apparently Keflex was not effective. She prescribed something different (still no testing).

    Midway through that prescription, my dog's rash appeared to be getting worse so I took him back to the office. Apparently I had been giving approximately 2/3 of the prescribed dosage as it wasn't explained to me at the last visit, just handed an envelope full of pills with instructions I misunderstood. The vet refilled the prescription and I was to start all over from the beginning. This time she explained how to give the meds (although it didn't matter - it was the wrong prescription anyway). I asked her if she was sure about the diagnosis, and whether further testing such as culture/sensitivity or a blood test was warranted. She said no.

    The day I gave him the last pill (and noticed that while the rash was less severe, it hadn't gone away completely), I decided to go for a second opinion. I wish I had done so sooner. I went to another office that came highly recommended. The difference was night and day.

    I was asked to bring records of all his shots (something the first vet never asked me for), a stool sample to test for parasites (negative, but still, very thorough on their part), the vet gave a complete physical exam that ended in taking a culture from one of the lesions.

    Several days later he was diagnosed with MRSA, a drug-resistant strain of staph infection. The drugs prescribed at the first office were useless. We finally knew what medication to give him and started it immediately.

    I spent $500 for the wrong medication and my dog suffered for three or four months when performing a simple test could have determined the right medication in the first place. Am I entitled to that money back and is small claims court the right venue?
  • 11-12-2010, 05:53 AM
    free9man
    Re: Misdiagnosis of a Pet's Infection
    You are free to sue whomever you wish. Whether you will prevail or not is unknown. The initial vet made an accurate diagnosis, that it was a bacterial infection. When the initial dose of antibiotic did not work, they prescribed a longer course of medication. Nothing unusual in that course of treatment, even in a human. When it came back a third time, they probably should have done a culture if there were lesions present. But again, starting off trying something stronger is not an unusual course of treatment even for a human. But an MD definitely would have done a culture on round 2 or 3.

    The second vet, after learning the history of your animal, did the culture and found the MRSA. It is not a given though that the original infection started out as MRSA. It may have been a regular bacterial infection that got out of control b/c the medications weren't working.

    So again, you are free to sue the original vet. Have you tried asking for a refund of some of your fees? As the vet may or may not technically have done anything wrong (I don't know what the medically accepted course of treatment for bacterial infections is in dogs), you may or may not prevail in court.
  • 11-12-2010, 05:43 PM
    karaann07
    Re: Misdiagnosis of a Pet's Infection
    I would not go to court over this. I would have a conversation with the first vet and ask why she did not take the extra step that would have prevented or at least reduce the pain the animal was receiving from the rash. Explain the pain and the financial cost and see how she reacts before taking it further. She may just take care of your out of pocket costs. If not there is always Better Business Bureau and other free services before going to court.
  • 11-12-2010, 06:18 PM
    Dogmatique
    Re: Misdiagnosis of a Pet's Infection
    Just remember that the BBB cannot penalize the vet in any way.
All times are GMT -7. The time now is 08:29 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved