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jamesbond

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jamesbond last won the day on September 1 2006

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  1. thankyou stu i will take a long look over this and see if i can use any parts in my case. i am still feeling that my best appproach to this is to go for professional misconduct but i am still having problems gleaning letters from my vets regarding the referral and how we discussed it in length as to whom should undertake the operation. it all seems rather cloak and dagger with them as one vet will not say anything against another in writing but will and have said things to me personally on the telephone.
  2. thanks hightail, i am in agreement with you on this but these guys are supposed to be the best veterinary eye guys in the est midlands.. i have recived my sars back from both parties but still seem to be missing some paperwork from my own vets of which i am conversing with at the minute to amend this. regarding the referal, the vets whom we were reffered to have said it was a miscommunication error that we were guided to the wrong vet, and they have made amendments to ensure this doesnt happen in the future
  3. in all honesty no i have not..the reason being that they are unable to provide any compensation to me and to be quite frank i have looked at the cases they have found against vets over the past few years and it is miniscule, and mainly for sexualharrassment and such like to staff etc...i can find only one case of them striking off a vet so have little faith in the the body as a whole whih i feel is very outdated and a bit of an old boys school. i may be wrong but that is out it comes across to me. the vets themselves have insurance cover to fight cases against them as i have copies of therereferral to these insurers about this case, so i am up against it anyway.
  4. thankyou hightail for helping me it really is appreciated.. the invoice states entropian h-c/wedge resection bilateral..
  5. thanks to you both for the response..i have done the sars ans will get these out tomorrow...hopefully i have worded them ok.. i will keep you posted on my responses and we can go from there..thanyou everyone for the support and lets go forward on this..
  6. one last thing how do i word the sar for the vets to ensure i get all the dogs results etc
  7. hi dx..thankyou for your response...is there not a claim limit for the small claims as if i add up the cost of surgery , the value of the dog plus my own vets emergency fees this would exceed 4000 pounds..unsure on my limits and if he would be responsible for my emergency vets fees? all help really is appreciated and how do i go about the claim as its all new to me
  8. hi hightail...in response to your question, we spent around two weeks discussing this with our vets and whom was the safest to go within regards to specialised eye care..apparntly the machine used in eye surgery is an absurd price and very few vets only specialists have them and the training needed to use them..so yes he was a specialist eye surgeon, but unfortunately as said he did not do the operation, hence my problems,, i agree with all you say about not being an emergency but please remember he was twelve weeks old and already had one op and we were appliying a moisturiser to his eyes three times a day to keep them protetcted from scarring the cornea and the consultant who looked at him said the sooner the better its done. he didnt like having the moisturiser in so we were more for making him comfortable..on reflection this was a mistake as we should never have had it done on a weekend and would not recommend any dog has surgery on a weeken as the vet cover is minimal and very basic and when problems arise there is no one there of high qualification to assist only via telephone. i will put in sars tomorrow for all paperwork as i have only had papers from my own veterinary..
  9. i feel that malpractice is the easiet way forward as my vet admits to never ever having heard of the vet who did the operation and was not the vet he reffered us too. seems clear cut but unsure of what to claim as listed above, do i go for cost of the operation, cost of the dog, cost of my vets emergency treatemnt or personal hurt?
  10. from cab negligence... If the vet has been negligent Negligence must result in harm, loss, injury or damage of some sort. For example, a vet may fail to prescribe the appropriate course of treatment and, as a result, the animal suffers permanent injury or dies. If you think your vet has been negligent and you want to complain, you will need to decide what outcome you want. For example, you may want: a formal apology a refund free corrective treatment compensation. Claiming compensation If your pet suffers pain, injury, inconvenience or you have extra costs because of negligence, you are entitled to compensation. Before you claim compensation, try and negotiate with your vet first. You may want to get advice about doing this. If this doesn't work, you may want to take legal action. You should get expert legal advice early on. It can be very difficult to prove negligence. Often, it comes down to the personal, professional judgement of your vet about what was the most appropriate treatment in your pet’s case. You may need to get a second opinion. However, another vet might be reluctant to get involved in a complaint against another member of their profession. If they do agree to give a second opinion, they will probably charge for this. Legal action for negligence must be started within three years of the negligence occurring, or of you becoming aware of it.
  11. from cab malpractice Misconduct Professional misconduct includes behaviour such as dishonesty, taking advantage of your age or inexperience, or acting against your instructions. All vets must adhere to the code of professional conduct laid down by the Royal College of Veterinary Surgeons. If you believe your vet has been guilty of professional misconduct, report the matter immediately to the Royal College of Veterinary Surgeons who will investigate.
  12. hi stu007, thanks for your response..when we went to see the reffered vets yes we did sign papers to allow them to do the operation, i am sure this is quite normal and is standard proceedure before any operation to ensure that you will pay their bill.. i have had all the clinical notes back from my vets who took jhim in after the operation for emergency care and it mentions that scar tissue was removed from his osophagus and the size of it and that he appeared to breath much much better after its removal and seamed to start to make a recovery after his first resusscitation, but went into respiratory arrest later on as he had fluid on his lungs etc and died under the emergency nurse care with the vet trying to instruct her how to revive him on the telephone...not the ideal situation at all. i feel that because the referral vet did not undertake the operation as both we and our vets had requested, we were seriously mislead by the referring vets whom undertook this operation not in line with what our refferal had asked for, and this i belive is malpractice. this is also something we have received a response to in writing and an admission to clerical error on the reffering vets part.. now if i was to claim in the small claims that malpractice happened on this point, should i claim for the cost of the operation, cost of the dog, my vets fees or personal hurt due to the resulting death of my dog. or do i claim for the cost of the operation due to malpractice and if i win that try again for the other parts or would this not be allowed
  13. thanks for the response hightail, yes i agree with all these breeds there is a a risk for any operation..whether he would have recovered under different circumstances neither you or i are able to tell. all i can say is that with a veterinary with many more years of specialist practise under his belt i feel the odds would have improved greatly, hence our request to our vets to refer us to someone with this experience and someone whom our vets know of and have placed their trust in him also having referred to him beforehand and knowledge of his experience and talents... we must also remember our vets had previously anethetised this dog with no problems hence our vets surprise at our dogs demise and the recording of the scar tissue removed from his osophagus during the attempt to revive him prior to his death which has all been recorded... we must also take on board that we had paid our vets to refer us to this particular specialist after lots of discussion on whom would be best suited to do this operation and do it successfully knowing he was a bulldog and having the required knowledge for operating on these type of dogs. There are many choices of vets out there who would perform this minor operation ,costs varied from several hundred pounds to the most expensive which we chose as we went the extra mile to be pointed to the one most suited to do the job through experience , not cost to undertake this operation, The referral failed miserably and our dog was operated on by a team whom we had not requested to do the operation and we now feel that in our opinion they were not experienced enough on bulldogs to meet our guidelines, plus we feel very mislead by this company for not carrying the referral out to our vets and our instructions. we need to understand we had never been to this vets before and were only there upon our vets advice and did not have a clue what the reffered surgeon looked like or who his team were, little did we know that the vet we were speaking to was not whom we were reffered to , but someone we believed was part of his preop team. the cost was the same coming out at 1357 pounds for the operation, but i then had the bill from my vets for emergency care after the operation which is just under 800 pounds plus obviously the dogs value which was 2000 pounds...you cannot put a price on the emotional harm both myself my wife and my son and daughter went through on top of this.
  14. hi everyone and thanks for the responses..i had given up hope of getting anywhere with this and am so glad you have supported me as it has given me the strength to go forward again as i had to put a stop on things for a while as it was getting to me emotionally. i have had quite a bit of paperwork through from my own vets and a response letter from the reffering vet saying that the referral that was made to them to see the recommended eye specialist , but was passed to another less senior eye specialist , whom we or our vets had never heard of, was a clerical error and they have made changes to their system to ensure that it does not happen again in the future, but assured me the vet who did the op was competent... as far as i can see, this clerical error as they see it ,is malpractice.... my referral was for a named vet and i didnt get to see that vet.......i can share their response with anyone who can give me some further guidance on how to proceed further..thanks to all and look forward to some help from where ever to enable me to move forward with this.
  15. looks like no one can help me out here ..i am unsure if this is unclear what has happened or not i wish to attempt to to file a negligence claim against this vets ..as i have received some responses from the vetrinaries involved , i feel i have a case on which to act but really i am unsure of the procedure.. ..the original vets billed me 1347 pounds for the operation..the referral was around 34 pounds, my vets have just billed me just under 800 pounds for emergency treatment of my my dog after the operation at the other vets before he died...i have then also lost the market value of my dog which was around 2000 pounds. as the vet i was refferred to by my vet for the operation was known to my vet on a professional level and vouched for his work and experience , the fact that this vet did not undertake the operation, i see as possibly negligent. i paid for a refferal to a vet whom did not do the operation, as the refferral was based on my vets knowledge of the other vets capabilities and experience..is that not grounds for possible malpractice i wonder? . .any help here would be good
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