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My 19 yr old dog had surgery at Texas A&M Animal Hospital on…

Customer Question
My 19 yr old...

My 19 yr old dog had surgery at Texas A&M Animal Hospital on Sunday, November 19th for a spinal chord injury. On Tues; Nov 21st my dog, while in icu and still paralyzed in his back legs, bit a vet tech that “forgot” to put a muzzle on him. When my husband and I got to the hospital (Tues afternoon) to visit our dog, we were informed that there would be a mandatory 10 day quarantine placed on our dog at the hospital and that home quarantine would not be an option because his last rabies vaccination was 14 months earlier (2 months past the time for an updated vaccine).

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Our dog has not been in contact with ANY animals over the past 4 months. He has severe anxiety and needs to be quarantined at home.

Lawyer's Assistant: Has anything been filed? If so, what?

Texas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes...I was told (off the record) by someone at the Austin (TX) animal control that our dog could not be

Submitted: 7 months ago.Category: Legal
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11/22/2017
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,046
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

What can I answer for you? I've read what you wrote but I don't see a question listed.

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Customer reply replied 7 months ago
Can the hospital legally hold my dog instead of releasing the dog to me?
I’ve been told by Animal Group that my rights as his owner trump their legal responsibility to hold my dog. Is this true?
Lawyer: Olivia Kent, Attorney replied 7 months ago

Yes, in the case where they need to evaluate for possible rabies - which can kill a human - they're following customary procedure. I hope that answers your question. As much as I wish it was otherwise, sometimes I have to give information that isn't "good news." And I would be beside myself it I couldn't take my dog home but that doesn't change the situation unfortunately. I hope you don't take it out on me! If it were up to me, I'd only give people good news! If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars). If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 7 months ago
I would also like to know what steps I can take to get an exception on his vaccination lapse and quarantine my dog at home instead of the hospital?
My dog has never been in a kennel or cage and the trauma of this is severe. I believe the hospital is “covering” themselves since the bite occurred while in their care and protocol was not followed about using a muzzle.
Can you help me?
Lawyer: Olivia Kent, Attorney replied 7 months ago

The dog needs to be watched in the hospital for signs of rabies. That is standard protocol when a vaccination has lapsed and there is a dog bite.

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Lawyer: Olivia Kent, Attorney replied 7 months ago

Whether the hospital followed protocol or not doesn't change the fact that they're trying to make sure someone doesn't die of rabies.

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Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Lawyer: Dwayne B., Attorney replied 7 months ago

I see the other expert opted out. Did you have additional questions?

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