Legal ramifications when vet does not administer preventative treatments?

dennison45

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I took my cat Ralphie in last Tuesday to get a broken tooth removed, it was his front canine. After a few hours and 300$ later, I picked him up, and I asked the vet tech whether he was getting antibiotics, and I was told that the vet did not think it was necessary (per ohio revised code I believe only the vet can prescribe antibiotics). Come to find out, after a few days, Ralphie was acting loopy.

Saturday night my wife and I drove 30 miles to the nearest emergency vet clinic to be told he had an infection. It appeared he had necrotic tissue or it may have been the packing material, the doc could not identify. The emergency clinic also questioned whether his teeth were actually cleaned as it was stated on the paperwork from my vets that they were cleaned but at the emergency clinic they said they weren't. They also questioned the use of metacam for pain relief. We were sent home with antibiotics and another 300$ bill.

Unfortunately I have to take him back to my vet for a follow up and possibly another procedure to remove dead tissue. I really do not want to take him back there as I do not trust the judgment of the vet, however there are two vets that practice there and I was going to request the other one. Due to my vets negligence my cat has gone through undue pain and duress, as well as myself and my wife. This has been overly stressful and unnecessary. It could have been prevented had my vet given antibiotics instead of this lazy 'wait and see' approach. I want to know if I have a strong case to file a malpractice suit or at least see if I can get my money back from the vets. I can take the vet to small claims court but I want to be sure I have a case. Has anyone been through something like this before?
 

Freedom

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As with any disagreement, I think you start by talking directly with the original vet.  Discuss what happened, explain your cat's issues, what the ER vet told you, and request your money back.

Did you pay cash, check or credit card?  If it was a credit card, you can notify your company that the amount is in dispute, and you won't have to pay it.  If you paid with a check, see if it is too late to stop payment.

Are there any other vet practices near you, which you can switch to?  If not, then y es insist your cat be seen by the other vet in the practice.

I had a problem with one vet in the practice I use (there are 3 vets there, one is the owner, the other 2 work there and it was one who works there that I had a problem with).  My situation did not involve a refund, so that is not the similarity.   I wrote a letter to the owner explaining what occurred and how upset I was; he did phone me back and discuss with me.    But here's the thing:  when I have a pet with an issue, sometimes I need to have the pet seen that day.  And darn it, t he vet I do NOT want is the one who is 'on' ( working) that day.  Makes me nuts!  She and I are very cautious around one another, and she does do a much more thorough job with both examining my pet and explaining everything to me, now that we've had the problem.  I never did discuss it directly with her, been 3 years now.  And I am realizing that would have helped clear the air between us.

I am so sorry that you and your kitty have gone through this.
 
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dennison45

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I appreciate your reply. I ended up making an appointment with the head vet at the practice to give ralphie a follow-up and to see if he will need his infection debrided. The head vet has been there forever and we've always liked him. I decided that I'd take him to the head vet rather than the one that saw him originally because I am still very furious and would prefer not to say something that would keep Ralphie from getting care that he needs, but we are going to plan on switching vets offices once this is all said and done.

I had no problem paying for his procedure but a trip/cost to the ER could have been prevented had they simply followed common sense and gave my baby antibiotics.

I do like the idea of sending a letter, however I think I will wait until my boy is fixed up because he deserves proper care. It made me feel like I could not trust this vet and I really could not trust their judgment with my cat. Hopefully the head vet see's things my way and we will go from there.
 
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dennison45

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Yes, I have done a lot of searching regarding cat behavior, etc. We took him to the vets tonight and we saw the male vet. He stated that the gum area looked like it was healing and there were no signs of necrotic tissue. We have another follow up next monday, then probably one more after that, but we're planning on switching vets after this ordeal.

As soon as we got home he went back into his 'safe room' and he's been sitting there ever since. We have left the door open so he can come out when he wants, and have left the litter box and water for him. Whenever we go in there he's friendly and we pet him and he purrs and talks to us. If we bring him out into the house he slinks back into the room. It's very odd to see him do this, he's been living in the house for 5 years but it's like he's never been here. I am not too worried about our female cat interacting with him because she normally will just hide and come back around after a bit to be nosy. We still plan on feeding them separately until he can eat dry food again, probably in a week or two. 

I really do not want to push him but I feel bad that he's alone in the back room, but I guess if he wants to come out he will eventually. Does anyone think that Feliway or something would help him want to come out of the room? 
 
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