My Cat Kitten was blinded because of a bad veternarian overdosing her with Baytril

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kittens mom

Kittens life was lost to a negligent veterinarian.
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Hoping you get some results from this. Thinking about you. I so can NOT stand bad vets.
http://vetnetwork.com/blog/2012/05/...what-it-means-to-the-practicing-veterinarian/

1, Kitten had an appointment . Sounds easy. But it's important. VCPR was established. She had agreed to treat Kitten and we agreed to follow her treatment plan.

2.The possibility of retinal toxicity in cats is well established plus all vets should be able to read not only the inserts on a particular medication but be able to understand them. The warning is on ALL enrofloxaciin.

3.Causation. Again the use of enrofloxacin in cats even at the correct dose can have an adverse effect on the eyes. Giving more than twice the save threshold is beyond negligent. My best guess is she will claim something with Kitten , like age, possible kidney, liver issues or being pudgy, or that she would have had the reaction anyway. Which only comes around and slaps her in the face. Again. If she was aware of those being mitigating factors and still prescribed this drug it only makes her look worse. In essence she's saying I knew it was a bad idea but I did it anyway and didn't bother to inform the pet owners either. I am god.  This applies to the chain of events. Retinal toxicity is not a complication of an URI. It is caused by the enrofloxacin.  Consider if Kitten had a true reaction she would have been blind. It took 4 days for the effect to set in. One the drug stopped so did the progression of damage.

4.Damages. Those are established by taking her to the ER and a specialist in quick order. This is what a reasonable person would do. She was not treated for an URI. But enrofloxacin toxicity.  The medication purchased to treat her lens that were ulcerated from the infection could be argued. Remember she failed to treat that at all. So we had another week of damage and pain Kitten had likely been in from that. In order to make sure she had no scarring we opted for some anti virals along with the standard ointment in an attempt to mitigate any damage to Kitten that might further impair her vision.  The damage was established by the specialist doing a full eye exam. Not a GP vet shining a light in her eyes. The animal was damages and as a result we are asking for financial compensation.

5.( I added this ) We are still dealing the unknown concentration of enrofloxacin given on August 22. Her lack of response in sending Kittens chart notes suggests that either she has no idea or that the same bad math was likely used to calculate her dose with the injection.

I took this from the veternarians own playbook.

In essence, veterinary malpractice occurs when an injury to an animal results from an act or omission that is considered to be within the professional knowledge and toolkit of a veterinarian. However, in a vet malpractice suit, you are not being compared to a super- veterinarian who ensures the recovery of every animal he or she treats, but rather a competent, average veterinarian in the given community.

Above is a cut and paste. This is a long time practicing veterinarian.  This is one of them most common if not the most common health issue with cats. If you can't treat URI you shouldn't have a license.

When I read the reply from her lawyer again I realized the answer is nearly verbatim this article in lawyer speak.

I had all of Kittens prior medical records with me that day. I tried to correct her age but for what ever reason the vet was anxious to get out of the office and got near snarly when I tried to get her chip number in the system. Which the person at the desk did because I had the document with the bar code on.

IANAL.- I Am Not Stupid Either.

She took a cat's common head cold and turned it into a nightmare.
 
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margd

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To me it reads like your points are irrefutable.  Of course, IANAL either but it seems you've addressed everything.
  Are you taking a lawyer with you to court?  
 
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kittens mom

Kittens life was lost to a negligent veterinarian.
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To me it reads like your points are irrefutable.  Of course, IANAL either but it seems you've addressed everything.
  Are you taking a lawyer with you to court?  
Probably not. Personally I think the vet hiring a lawyer makes her look even more foolish. Considering the years she had to spend in college to get that DVM she should be able to defend herself against us and be her own expert witness ( I don't know if that's allowed but for her to speak for herself she would have to testify as a vet. so either way)

We got a letter from her lawyer today basically saying nothing more than they are representing her.  I sort of chuckled and wondered how much that cost to get sent. After nearly six months of research I don't know if a lawyer could speak any better for us on this subject. Consider that people who represent themselves in small claims are no more likely to win or lose than if they hire a lawyer.

A veterinarian unless its an absolute life and death emergency are supposed to treat the whole animal. Not just a symptom.

That her oath requires her to advance her knowledge

And a thought for the day.

Animals are property

So is furniture

No person is ever going to be prosecuted for cruelty to a sofa.

The law will prosecute for animal cruelty.
 
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kittens mom

Kittens life was lost to a negligent veterinarian.
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Long talk with a lawyer today. He explained many things about the procedure. Feb 29 is the preliminary hearing. I guess this is where you set things up to exchange evidence and probably some dirty looks. I am allowed just them to request documents and subpoena witnesses. That means that she will be forced to hand over Kittens chart notes. And I can finally get the names of the two employees. The one that was calculating her dose and then madam vet approved and the one that blurted out  That's a really high dose , when I went in to get a few extra pills because of Kitten's ability to projectile spit the pills out even when I thought they were down her.

From me she can get the vet reports from the VCA and the report from the ASPCA hotline. She can have Kittens records from babyhood if she wants.

The only concern the lawyer voiced was what she might have put in her chart notes. I can't think of anything aside our cat had an URI and we brought her in.  Any deaths door argument is squashed since three days later the vets felt no need to even continue antibiotics for the URI that was now aside from the untreated ulcers in her eye. gone. Lungs clear. Plus madam vet never did an x-ray. And Kitten never had a temperature. I seen that one , it was 101. something.

I do want to add one thing. Even if we win we won't be winners. Unless someone has a magic potion that reconstitute the little box with paw prints on it and give me back the years we were cheated out of. Which of course is a real lesson if you do pursue something like this legally.

In the beginning it's anger and hurt. Now it's about moral accountability. Hers and mine. By not pursuing it I would be as culpable as the veterinarian. Even if Kitten had lived she would have had limited vision from this mess. We don't let someone hurt our companion animals, family members and in Kitten's case. Our child and not do something.

IANAL. But I sure have burned my own retinas doing research and reading for the last six months.

I have to buy another ream of paper. I wonder if I can add printer ink to my costs.

The lawyer said there was no reason I can't present my own case even if she has one. And cost wise I'm just adding to our own debt that we cannot recover.

Remind me that I can do this.
 

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I just want to add my support here. I would love to hear her response to "why did you file an adverse reaction to Bayer when you did not use a Bayer product?"

I'd like to know what the law is on this. I have eye meds for my cat that say Bausch and Lomb. If that company allowed a generic and there was a reaction, wouldn't that just open them up to a suit?

I'm very sorry what happened to Kitten, but hope there is a precedent here that affects all cats (in a good way.)
 

margd

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"Remind me that i can do this."

Of course you can do this!   Just look at how far you've come and how much you've learned since you first thought about taking action against this vet.  And I would not worry too much about what is in the charts.  That might be a problem for someone who didn't do the immediate follow-up that you did with other vets, but you really did everything right.  Even if she's completely dishonest and alters the notes, you've got the proof in the form of the baytril bottle and the written instructions to give Kitten more than the recommended dose.  

It's true that nothing will ever bring Kitten back.  But you are honoring her memory by taking this action.  It might put this vet out of business and save the lives and vision of many more cats.   And it will give you the satisfaction of knowing that you defended your girl far and beyond what many people would.  
 
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kittens mom

Kittens life was lost to a negligent veterinarian.
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I just want to add my support here. I would love to hear her response to "why did you file an adverse reaction to Bayer when you did not use a Bayer product?"

I'd like to know what the law is on this. I have eye meds for my cat that say Bausch and Lomb. If that company allowed a generic and there was a reaction, wouldn't that just open them up to a suit?

I'm very sorry what happened to Kitten, but hope there is a precedent here that affects all cats (in a good way.)
I have been in contact with Bayer and Putney. Both of which were more than willing to discuss this situation. The warm wonderful vet I talked to at Putney and the Informative and compassionate people at Bayer. Who took the time to explain a lot of things to me. For which I am grateful as it led me to a whole new avenue of this situation to explore. At not time by either company was I made to feel small or insignificant.
 

handsome kitty

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I have been in contact with Bayer and Putney. Both of which were more than willing to discuss this situation. The warm wonderful vet I talked to at Putney and the Informative and compassionate people at Bayer. Who took the time to explain a lot of things to me. For which I am grateful as it led me to a whole new avenue of this situation to explore. At not time by either company was I made to feel small or insignificant.
I like to think that all people who create products for pet's actually care about the animals.  I am glad to hear that these companies have helped you. 
 
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kittens mom

Kittens life was lost to a negligent veterinarian.
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"Remind me that i can do this."

Of course you can do this!   Just look at how far you've come and how much you've learned since you first thought about taking action against this vet.  And I would not worry too much about what is in the charts.  That might be a problem for someone who didn't do the immediate follow-up that you did with other vets, but you really did everything right.  Even if she's completely dishonest and alters the notes, you've got the proof in the form of the baytril bottle and the written instructions to give Kitten more than the recommended dose.  

It's true that nothing will ever bring Kitten back.  But you are honoring her memory by taking this action.  It might put this vet out of business and save the lives and vision of many more cats.   And it will give you the satisfaction of knowing that you defended your girl far and beyond what many people would.  
Remind me of that on the 28th when I'm peeing down my leg.
 

tallyollyopia

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Remind me of that on the 28th when I'm peeing down my leg.
If you weren't a little nervous, I'd be worried about you. However, you've got this. You've done the research, you have a professional on your side, and you're prepared for just about any lies she and her lawyer decide to tell. It sounds like Kitten will get the justice that she deserves.
 

Mamanyt1953

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Oh, you can do this and you will do this and you will do this with a grace and elegance that the grubworm can never match.  And you will, moreover, do it very, very well. 
 

margd

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Kittens Mom, today is the 28th, so here is your pep talk as promised.   You will do better than fine tomorrow because you have all of the facts and evidence on your side, and because you are so well prepared.    You have gone over this so often in your mind that you will be able to concisely and accurately answer any question the judge asks.  It's like the Olympic athletes who report that visualizing the event beforehand aids their performances.  I know I will not be the only one waiting tomorrow to hear how it went.    


Get a good night's sleep tonight!  


 GOOD LUCK!!!!!!!!   
 

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You have all of us in your corner. Regardless of what happens you are speaking up and that is the most important thing. BTW if you speak half as well as you write, they are in for one heck of a beating. 
 
 
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tallyollyopia

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Good luck! Remember, stay strong and have courage--you're in the right and you have all our support behind you!
 
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