Unbelievable

2005-12-07
By

It would appear that the ridiculous medical malpractice situation in this country is spreading to veterinarians now. Here’s a case where a vet is being sued for over $250,000 because he refused to operate on a dog, believing it was not in the dog’s best interest. He sent he dog owner to another vet. That vet operated on the dog, who died during the surgery. (via This Makes Me Sick!)

The five-count suit, filed in Kane County Circuit Court, seeks in excess of $50,000 per count from Dundee Animal Hospital in East Dundee and one of its veterinarians, Dr. Leonid Gurevich. According to the suit, Gurevich’s actions “led to the untimely death of Joe Gaffney, a canine member” of her family.

Gaffney’s attorney, Amy A. Breyer, said the lawsuit focuses on the animal hospital billing itself as a 24-hour emergency facility that could provide specialized care.

Gaffney, a former volunteer with the hospital’s Helping Paws organization that rescues Great Danes, said she chose the facility because it was supposed to provide that round-the-clock emergency care.

“When it came down to it, the doctor made a death decision for this dog rather than provide 24-hour emergency care,” said Breyer, whose Chicago practice is the first in Illinois to focus on animal law.

Debra James, the hospital’s practice administrator, declined comment on the lawsuit. The hospital’s attorneys could not be reached for comment.

Gaffney said she awoke early on March 3 to the sounds of her 9-year-old dog making retching sounds. She contacted the Dundee Animal Hospital and took him into the facility. Gurevich diagnosed Joe with bloat, she said. Bloat is a condition that affects large animals in which the stomach twists and causes pain. It can be fatal without surgery.

However, Gurevich did not recommend surgery, based on Joe’s medical history. The Great Dane had a leg amputated earlier that year and had been undergoing chemotherapy for cancer, she said.

According to the lawsuit, the veterinarian refused to perform the surgery. He gave Gaffney, who wanted Joe to have the surgery, the names of several other hospitals that could perform the procedure but acknowledged Joe could die en route. Gurevich did not give Joe any pain medication or fluids, the lawsuit states.

Joe later was taken to a Woodstock animal hospital where he died undergoing surgery.

Look, I’m sorry that the dog died. I love animals as much as the next guy. But, it sounds like the first vet was justified in not recommending surgery becuase of the dog’s poor health (cancer and an amputation). The vet apparently felt that it would be better to not put the dog through a big operation and let him pass away from the abdominal problem. The owner is the perfect example of a patient’s family wanting everything done for their family member towards the end of the patient’s life, when it would often be best to just let the patient peacefully pass on.

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