Vet ethics

[ratherrapid]

spex, i also think perhaps tghis underestimate the effect of a complaint and adjudication. if u lose your case the professional still is on notice that somebody went through this sort of trouble, and the complaint is on their record. in the end though whether there's medical negligence is a professional decision. I feel fairly certain that if you prove negligence--and that burden is on the complaining party--e.g. is it the Vet's fault that the table collapsed or the fault of the manufacturer of the table--the Vet would be appropriately sanctioned. How could it be otherwise?

[krp]

spexme4 - The courts are not willing to do anything at all. I have motioned for new trial and in fact will also be appealing. Honestly have have seen it with this vet from other cases that were brought against her. Her employee's come in a lie on the stand under oath. Basically if you go to court and tell the gods honest truth you get screwed and if you go in and lie your a** off you will. The judge had everything in black and white in front of him, but up against a vet! The whole court system is such a joke. The truth very seldom prevails.

[krp]

Put complaints into the board - They come back and said the vet has been instructed to contact the owners immediately of the death of any animal on her farm. WHAT AT JOKE!!!! No fine, suspension, no anything.

[spex4me]

rather and cng- that is why I am going to continue it. It's now become a matter of principle. Part of me wants to see if there is even a tiny bit of justification of going on with it. Where is the IA of vets like there is police?? Oh wait there's a bigger pot of gold to share in on the vet side.

krp- I hope that ONE of us prevails even if it is a simple documented you were right and the vet was wrong. Oh and let me tell you I know all too well about the court system. Unless you have photographic evidence people will lie their little buns off ...and even then with hard core proof they will still deny deny deny and say it must have been a twin they never knew existed. And yes I have heard this one in court and I almost thought for a second the judge considered it.

[ratherrapid]

i'd encourage you to continue IF you've analyzed things and indeed have a case. To succeed in Court against a Vet you'd need another Vet to say there is negligence. It is thus other than about employees lying. The first question is whether, if all facts of the case are as you claim they are, was the vet negligent. It then becomes an argument over facts.

Human nature being what it is the "evidence" can be viewed in many ways. This is the job of the judge and the court, to ferret out what is true and untrue. People generally are very bad liers. Those that intentionally lie inevitably trip themselves up. Every mom understands this, 'eh? You teach your witnesses to tell the truth because the moment there's the slightest hint of untruth that testimony becomes worthless.

if you approach it somewhat that way, your likely to win your battles. malfeasors of course will resist your efforts, but, believe you'll find the court's on your side in the fight.

[krp]

We did, a state vet, but the judge was alseep during the whole afternoon. He never heard anything. That's going to be part of the appeal. On top of that it was a visiting judge.

[ratherrapid]

it would help to be more specific, but, reading the thread it looks like the complaint was that a vet failed to notifiy of a horse death till three days after the fact. and, that thereafter for reasons unstated someone embarked on a court action concerning the matter. apparently the state vet entered some testimony supporting that the defendant vet failed to follow reasonable vet procedure (or perhaps violated some state law or administrative reg covering vets).

possibly understandable that the judge might snooze, unless there's more you've yet to post. problem as i see it, egregious action, zero damages? the horse died. what was the plaintiff's injury here? what thus were you entitled to in terms of a court action? a complaint against the vet with the state board, would be understandable and perhaps appropriate, depending on what the explanation was for the action or lack of action taken--they tried to reach you by phone perhaps and where unable.

[soundfast]

Spex4me try suing for "special value". This means claiming your dog was worth much more than the economic value. It has been used successfully in some places. Maybe your lawyer can find a judge who loves animals. I wish you both luck. I already know about judges who do not listen to you and could care less about justice.

[spex4me]

We are going to try and set case precedent and get VA up to date with the multi BILLION dollar pet industry. Same would apply to horses too hopefully. Right now VA is a state that sees either as simple property. I figure if a state like KY can see the light in animal law, VA ought not be too far behind, but you never know!