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A couple from Ellijay, GA filed a $75,000 malpractice lawsuit against a veterinarian who treated their 13-year-old miniature schnauzer. The lawsuit contends that the vet, Dr. Julie Duval, botched an operation to remove a tumor, which caused the dog to contract a fatal infection.
I love animals. I grew up with a dog and I live with three cats. My pets are like family and if my veterinarian (who I think is fabulous) committed malpractice and caused one of my pets to die, I would want to sue as well. The problem is that the law does not allow for veterinary malpractice lawsuits.
A pet is considered a "chattel," a legal word for "thing". Losing a pet, in the eyes of the law is no different than losing a sweater - awful, I know. Maybe one day our legislators will pass laws that hold veterinarians accountable for negligent acts. Until then, we suffer the wrongful loss of a pet without true recourse.
Kudos to the couple for bringing some national attention to the issue. They will lose their case, but perhaps make progress in changing the law at some point in the future.
Congratulations and good for you for fighting for justice. I hear Texas is horrible with vet mal and the vet board is even worse. Thank you for fighting for animal rights.
Congratulations and good for you for fighting for justice. I hear Texas is horrible with vet mal and the vet board is even worse. Thank you for fighting for animal rights.
In 1991 Judge Brent R. Keis of Fort Worth, Texas ruled in my favor that a private kennel in Rendon, Texas negligently let my Prized Afghan Hound named "Ebony" escaped from her kennel. Keis gave me almost $3,000 including "INTRINSIC VALUE" for my 'son'!
Shirle Maines appealed to the distric Court in Fort Worth but lost her appeal. Justice Meyers of the Appeal Court again stated that I was allowed "INTRINSIC VALUE" due to Ebony being worth than merely a pet.
Therefore "Ebony" was the 1ST CASE in Texas that gained the distinction of having "INTRINSIC VALUE".
When I am allowed to change the Texas legislature to adopt "INTRINSIC VALUE" to pet lovers in Texas then we can clean up the BAD VETS. still practicing in Texas, because attorneys will finally be able to make $$ in defending our Most Precious Possesions. I have, since 1981 have had 5 (FIVE) of my Afghan Hounds die due to "Killer Veterinarians"! I have also had a cat named "KATT" die due to a veterinarian in Carrollton, Texas.
Next month there is a hearing against that vet.
Respectively,
Jack M. Wolfson
We also fight for change in the laws to protect animals in Texas . . my assistance animal was killed by a Vet for sport . . then the Vet filed suit against me for the web site of truth . . . you see if they Vet files a law suit before the State Medical Board issuse's discipline, the Board will dorp the charges, rather than be envolved in legal which would show them to be only A Vet Protection Agency. We find this true for all States. We hope to pass Intrinsic Value Laws for animals, there by drawing the attention of attorney's for animal cases. They hold little interest for them now.
signed Betty Garrity for Bo Bo Bear
http://bobobear.bravehost.com/