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Old 9th September 2010, 16:02   #16
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This might be of some help to you.

Mathrubhumi - What you should do when a vet kills your pet
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Old 9th September 2010, 16:05   #17
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Anybody doing anything for you

(1) accepting a consideration
(2) as a part of his profession
(3) and not as a part of your business

Is covered by consumer protection Act.

I am not going into hair splitting here.

The doc here is covered by the Consumer Act.

Start by sending a lawyer notice.

Edit - The 3 conditions above are cumulative - all should be present. There are exceptions both ways to the conditions; That is why I say I am not going to engage in hair splitting.

Last edited by BaCkSeAtDrIVeR : 9th September 2010 at 16:07.
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Old 9th September 2010, 16:16   #18
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Quote:
Originally Posted by tsk1979 View Post
Negligence can happen anywhere. I have seen a doctor prescrible medicines, without looking at the allergy history in the case sheet.
However, in human cases, there is a procedure for consumer court, as well as civil court(criminal negligence). I could not find any law references about vets.
We are talking about a civil wrong here not a criminal wrong. This is what distinguishes a Tort from a crime, and this automatically takes us to Tortious Liability. This is not a criminal wrong. Hence the civil court will handle the case if at all. You are liable if at all, to claim damages from the defendant, and these damages are unliquidated. This is not the case with criminal proceedings.

Moving further, the Law of Torts is purely based on Case Law i.e. Precedence i.e. law laid down by past judgments. There is no codified law for tortious liability, therefore reiterating my earlier point of case law and precedence. If the doctor is liable to provide damages, it will be decided in a civil court based on case law. First things first, if you don't want to hire a lawyer skilled in the law of Torts, then you'll have to search up case law on medical negligence with regard to pets and or animals. Whatever case law exists in India is based on human patients. This should also be applicable to animal pets, but please don't take my word for it. Please do search for those case laws I mentioned.

Good luck and I'm sorry about your pooch.

Disclaimer: The above statement I provided is not intended to solicit clients. I will not take responsibility for decisions taken by the reader solely based on the information printed in this post.

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Old 9th September 2010, 17:16   #19
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This is exactly what happens when the government decides that we need to have a "quota" system for every professional degree....

Keep the quota for the school level, after that it should be based purely on merit.

And before anyone flames me, remember that there is a quota system for doctors, engineers (who build our roads, bridges and dams) and pilots as well.....
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Old 9th September 2010, 17:57   #20
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We have the prescription slip made on the official card. It clearly specifies that a 12KG dog was prescribed 10mg tablets, once daily for 10 days. 100mg total in 10 days.

So its not that the case is weak.
Think like this, if your doctor writes a prescription slip saying 500mg Paracetamol to be taken for 10 days every hour.

The only thing is, we need to find out what is the best place to try this doc. Consumer court/civil court?
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Old 9th September 2010, 18:11   #21
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Tanveer, you are so lucky nothing bad happened as a final outcome. You could approach a consumer court, but then, it would be a very tedious procedure for you to prove that your dog actually suffered - obviously the dog cannot speak up for herself, and the consumer court judge's attitude would make a big difference here. You'd be doubly lucky to get a judge who's a dog lover. OTOH, finding a judge who was bitten by a stray dog in his childhood and needed those 14 injections, would mean he would not only throw your case out, but slap a fine on you for wasting the court's time.

All's well that ends well.
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Old 9th September 2010, 18:28   #22
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Quote:
Originally Posted by tsk1979 View Post
We have the prescription slip made on the official card. It clearly specifies that a 12KG dog was prescribed 10mg tablets, once daily for 10 days. 100mg total in 10 days.

So its not that the case is weak.
Think like this, if your doctor writes a prescription slip saying 500mg Paracetamol to be taken for 10 days every hour.

The only thing is, we need to find out what is the best place to try this doc. Consumer court/civil court?
100mg of ivermactin. Thats crazy. Even though I am doing my engineering I can tell that its an overkill. But a stupid vet cant.
Next time whenever you give any medicine to your bow wow princess, read the prescribed dosage either on the box or online.
Or some salts which are same as the ones for humans, just check the dosage given to small kids.
And whats the point of dragging them to court? She will apologize and cry till your heart melts down and you withdraw your case. Why cant we sue people like in the States?
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Old 9th September 2010, 18:31   #23
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Originally Posted by tsk1979 View Post
Its actually a "her". She is a very junior doc. The senior doc was out,
As you said yourself she is new, if she is new she might have made a "huge" mistake.
IMO taking it to court is overkill.

Maybe a proper written complaint to the hospital should do it.
Do you really want drag it to court to spoil someone's (the doc's) life for this ?

Glad to know the dog is ok. Let her (the doc) know, forgive and move on.

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Originally Posted by NFS View Post
SPCA - Society for Prevention of Cruelty t
This is for intentional Cruelty not Negligence.
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Old 9th September 2010, 19:45   #24
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^^Guys I respect your opinions but don't understand why TSK should be advised to just forget the issue and move on. He has probably suffered emotionally and mentally and his dog almost died. I have a pet cat and he's like a family member to me.Would you give TSK the same advice if the subject here was a human and not a dog? Why do us Indians have this "jaane do" attitude. Regardless of whether the vet is a junior or senior is supposed to maintain the integrity of her profession and exercise extreme care towards patients. Why should she not be held responsible for her incompetence and not face the consequences?

Last edited by Wolfheart : 9th September 2010 at 19:49.
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Old 9th September 2010, 20:26   #25
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Originally Posted by Wolfheart View Post
Most medical professionals have to be registered with the government.(not sure if vets hve to be registered) Based on the laws such negligence may form the basis of revocation of the vet's registration. If it's revoked or suspended she cannot practice for that particular period of time.
Every Vet has to register with respective state vety council ( affiliate of Vety council of India) to practice and also to get a govt job
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Old 9th September 2010, 20:43   #26
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Originally Posted by yzfrj View Post
Well if its "Vengeance" by all means do it.
If it make you feel any better or help you sleep at night.

PS : I'm sure if the dog could speak, she would have chosen to forgive. Why not you human ?
If Tsk wins the case, it would only spread awareness (via media) to other unfortunate people in the country. Here the context of vet is being limited to a pet, but think of the bigger scenario where stupid vets can give overdosage to Ox/cows, eventually killing them which in turn can mean a loss of asset for someone in the country side whose livelihood can be from milk or farming. The case will wake the vets up and in the end the consumers of the services provided by these vets will have more power.

I am with TSK on this and I am pretty sure a case can be registered against the vets with the similar analogy given above (asset loss for someone). All the best TSK.

And in no way will this mean Vengeance . It only helps set things right to certain extent IMO, when we can, we should.
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Old 9th September 2010, 20:54   #27
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tsk, did you confront the vet after this incident and ask for an explanation ?

If the doc accepts it as a mistake and apologizes , is that acceptable to you ?
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Old 9th September 2010, 22:08   #28
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I wonder what is the attitude of the vet concerned, and of the institute that they work for? --- in fact I just looked up the screen and read sdp1975's post, which is what I'm getting at.

If these people have a don't-give-a-toss attitude, then proceeding against them would be a public service. If they are honest and contrite, then what is to gain by going to court? I don't believe that they will be punished financially, because damages given will reflect damages suffered, and the animal has recovered. If additional vet expenses had been involved, they could be claimed for.

Our vet in Chennai had one of our kittens escape. If we wanted to be hard about this, we could say that there is no way that a cage with such a catch could have been undone without human action. We know the nurse was particularly fond of the kitten... The catalyst to the escape was a funeral firecracker, but someone must have opened that cage. The vet was contrite. I'm sure she must also have been aware that the financial implications of loosing, say, a pedigree pup, could have been different to a street cat, but her sorrow was genuine. Unfortunately the cat was determined to stay escaped and could not be caught. I am not against that vet: she is actually a great vet! I did not even push my suspicion of the nurse. I believe that she must have learnt the lesson. What is to be gained from her loosing her job to someone who has yet to learn?

On another occasion, I went to a local private hospital for rabies vaccination. I realised that the nurse who had written down the dates, according to the stipulated periods, had misunderstood and got the dates wrong. On a subsequent visit I brought this to the attention of the duty doctor, who was very anxious to identify the nurse so that she could be corrected. Unfortunately I could not identify her.

There are shocking stories on this thread, of offence against animals and humans.
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Old 9th September 2010, 22:17   #29
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In a country where Doctor escapes scoot free in case of humans too, its very far fetched for Pets.
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Old 13th September 2010, 12:47   #30
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Okay guys I am not looking for vengeance.
When the complaint was made to the head of department, he asked her to speak to us on the phone.
We asked her plainly, why the overdose, she loudly kept fumbling and saying "Sometimes Oral Dose" is given.
We were clearly saying overdose, but just to wriggle out of the situation she kept saying "Oral Dose".
If she had accepted she had done wrong, and she will try her best to save the dog, we would have let go it at that.

Later our dogs regular doc(who is out of station), made the call and told her to be at hospital and supervise electrolyte transfusion and monitoring.

Thankfully, due to timely medical intervention, our dog is doing fine now. But I often wonder how often has she done that.
Half the people who go to the Vetenary hospital are from villages, and they cannot even correlate medicine dosage to the problems, because the animal can't say I was fine and after taking this tablet I feel ill.

Because my BIL is very observant and noticed that the dog was lethargic and disoriented, he called us up, and I went online searching for diseases and medicine side effects.
Then I discovered the 0.3mg/kg formula, and dosage twice in 14 days.

Cattle dosage is 1tab of 10mg a day!

We do not want money or publicity or a circus, all we want is that this should not go unpunished. We are definitely taking it up with her superiors, but its a govt run hospital, and you know to what lengths they go to protect their department.

Last edited by tsk1979 : 13th September 2010 at 13:56.
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