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Mastiff ( dog) in Rescue spayed by Vet. Botched the spay and burned her on both hips requiring surgery , OR not ??

Henderson, NV |

Molly is a Rescue has a home waiting for her in Az. Vets spayed her had a bleeding vessel had to go back in and find source of fluid in stomach . That was on Mon. , found burns on her on Sun. on her hip , back to Vet. It was burns from ...they say, hot water bottle. days after that i find marks on the other side of her . Back to the vet and its more burn marks. They cut out first burn and going to do the 2nd burn , went to my Vet for 2nd opinion and now dont believe they had to cut out the first burn. Not looking to make money but it has been a cost to me and a bigger load to carry because I have other fosters. Would like to cover what it has cost me These are not small burns . 1 was 2+ in. X by 3+ in. and she has a ft. long scar from it the other burn twice that!

Attorney Answers 5


  1. What does the second opinion say? If it is critical of the first vet then take this information and go back to the first vet and see if you can get a refund. Contact a local personal injury attorney because all states treat pet/animal complaints differently. Some states dogs are treated as just animals while other states allow for you to make claims as well.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Let the first vet know what the second vet said, and try to get a refund. If you can't get this, ask for their professional liability insurance carrier, and they will probably cough up the money rather than get sued.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  3. Foremost, thank you for being a pet foster parent. Unfortunately, animals are treated as property in Nevada. However, you may still have a claim, but it may be difficult. I agree with the other attorney's response that you may want to convey to the 1st vet what the 2nd vet said. You may want to explain your situation to the 1st vet and ask for a refund to offset some of the expenses. If that fails, you could pursue a claim either with the vet's insurance carrier or through small claims court. If you have any other questions, feel free to give me a call at 702-823-3333.


  4. I would take the second opinion to the original vet and ask for reimbursement. If they refuse your only option is a veterinary malpractice/neglect cause of action - but such suits are very expensive to litigate. Such suits are basically a battle of the experts, with one side saying "this is a standard side effect of this procedure" and the other side saying "this is not a standard side effect of this procedure ". The damages awarded are generally not very high (usually vet expenses and replacement value of the dog) unless what the vet did was truly shocking and outrageous. Without reviewing all the records, it’s not possible to say if this situation rises to that level.

    If the first vet refuses reimbursement and short of litigation, you can file a complaint with the American Veterinary Medical Association, http://www.avma.org/, and the Nevada Veterinary Board, www.nvvetboard.us

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.


  5. You have a negligence case.
    No a case under NRS 206.150. Killing, maiming, disfiguring or poisoning animal of another person; killing estray or livestock

    1. Except as otherwise provided in subsections 2 and 3, any person who willfully and maliciously kills, maims or disfigures any animal belonging to another, or exposes any poison or noxious substance with intent that it should be taken by the animal is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

    2. Except as otherwise provided in NRS 205.220, a person who willfully and maliciously kills an estray or one or more head of livestock, without the authority to do so, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    3. The provisions of subsection 1 do not apply to any person who kills a dog pursuant to NRS 575.020.

    4. As used in this section:

    (a) "Estray" means any livestock running at large upon public or private lands in this state, whose owner is unknown in the section where the animal is found.

    (b) "Livestock" has the meaning ascribed to it in NRS 205.219.

    Amended by Laws 1961, p. 402; Laws 1967, p. 513; Laws 1979, p. 1395; Laws 1999, p. 2515; Laws 2001, c. 572, § 8, eff. June 13, 2001.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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