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Last Tuesday my Veterinarian came to my house to inject my

horses hocks. When she...
Last Tuesday my Veterinarian came to my house to inject my horses hocks. When she injected the sedative, she hit the carotid artery, instead of vein. The horse immediately began panting and going down, her and the vet tech held the horse up while screaming at my teenage daughters. The tech took the temp which had spiked to 104.5. She immediately said to my daughter "I did not hit the artery or she would have done backflips". She then told my daughter that her horse had a respiratory infection and left my (2) teenage daughters alone with a horse in shock, swaying like it was going down because she said she had to go do office hours. When I got home from work, the horses temp was 96.2 and the horse was in a shocky, lethargic, blind state. The vet told me to feed her to which the horse choked, because it could not swallow. The vet told me she did not hit the artery that the horse was allergic to her feed, then told me her vertebrae was out then finally told me she thought my horse had rabies. On Sunday, I had another vet out and he advised me that she hit the artery and the horse had "swelling on brain" prescribed dex for 3 days and each day the horse got better and on the 8th day she is almost normal. Since the vet will not admit this, is this negligence to which I can be reimbursed for the almost $500 aftercare? Also, no adult was present when she administered the IV and no consent was signed.
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Answered in 3 hours by:
6/20/2013
tomasicvet
Category: Legal
Satisfied Customers: 16,374
Verified
I am sorry to hear about Barbie, and glad to hear she is recovering.

Deciding negligence is a legal issue, so I recommend you consult an expert in that category.

Rebecca
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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question and I'm sorry to hear about this situation.

I am an attorney and will be helping you with your question.

This is absolutely a case of veterinary malpractice, for which the vet is liable for any damages that you incurred because of it. In this case, it would cover the amount you had to pay in any bills for the horse's recovery after the negligent act.

You should start by submitting a written demand for reimbursement of the amount and instruct the vet to turn the claim over to her malpractice insurer. You should instruct her that you have obtained an opinion by another vet that confirmed that she was indeed negligent and did hit the artery when giving the shot.

In regard to your other question regarding unauthorized work, if administration of a sedative was secondary to the authorized work, then no explicit authorization would be needed.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
TexLaw
TexLaw, Attorney
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