The time will come when men such as I will look upon the murder of animals as they now look on the murder of men.
Leonardo da Vinci
The truth is as impossible to be soiled by any outward touch as the sunbeam – John Milton
In memory and honor of one very special cat.. how Edward J. Nichols, DVM, Crestway Animal Clinic, San Antonio, Texas, treated Suki. Read Suki's Story.
Lawsuit Update - Settlement Annoucement Made AND THE CASE WAS DISMISSED
On July 21, 2005, Edward J. Nichols, DVM, Crestway Animal Clinic, San Antonio, Texas, filed a lawsuit against the owner of this site, seeking a permanent injunction to dismantle vetabusenetwork.com and enjoin me from expressing my opinions about him and his treatment of Suki.
Nichols FAILED to get an injunction against me or this site (see order denying injunction here)
Nichols FAILED AGAIN on appeal (see 4th Circuit COA decision here)
After 2 1/2 years of litigation, this matter was set for trial on March 10, 2008.
A settlement announcement was made in Bexar County District Court, and
THIS
CASE WAS DISMISSED WITH FINALITY ON MARCH 10, 2008.
Read
and
What Happened to Suki...and What Happened to Me: A Timeline
From Suki's Story:
"Here is what I get to live with for the rest of my life: Edward J. Nichols, DVM, putting Suki into an induction box where she had to inhale halothane and nitrous oxide while I knew nothing about it. Ed Nichols extracting a tooth without my permission or even having the simple human decency to inform me of anything he was doing to her. Ed Nichols not giving Suki IV fluids after recording “v. dehydrated” on her chart. The unbearable and eternal agony of now knowing Suki lay dying, dehydrated in a cage, at Crestway Animal Clinic, while I had no idea at the time. And these horrifying events are only the tip of the iceberg.
And finally, the most bone-chilling knowledge of all: Had Suki not lived long enough to be seen by second opinion vets, I would have never known what had been happening. I must repeat this so you understand: Had Suki died at any time at Crestway Animal Clinic, at home with me, or during the four weeks of March 22 and April 19, 1999, before I got her to other vets – I would have never known what really happened to Suki. As it is, I will never really know how much she might have suffered, but I do know that my grief and pain will never end.Don’t ever lull yourself into thinking that
this can’t happen to you. I would have said the same thing before I was
forced to live through this nightmare.
My only hope is that
Suki’s Story helps somebody reading these words.
If only one pet guardian learns something from what happened here,
if only one animal is helped by any of this, if only one veterinarian
makes the ethical choice to treat our companions as the family members
that they are, then my brave and beautiful Suki did not die in vain."
Founder, vetabusenetwork.com
Read the complete Suki's Story here, including lab work and patient chart from Crestway Animal Clinic.
Truth is [justice’s] handmaid, freedom is its child, peace is its companion, safety walks in its steps, victory follows in its train... - Sydney Smith
Do you need to file a complaint against a veterinarian? Start here.
Check here for updates on lawsuits being filed by VETERINARIANS against their CLIENTS
We will monitor ongoing litigation by vets against their own victims and WILL REPORT ON THIS SITE whatever tactics are used by vets in litigation. If you have a story to share about vets who are filing lawsuits and/or attempting to obtain injunctions against former clients sharing their experiences, contact me.
This is an independent consumer advocacy site and not associated with any state licensing board or regulatory agency in any way.
Do you need to file a complaint against a veterinarian? Start here.
Texas residents, go to Texas Page
Editorial: Why is the Free Speech Online Campaign Important?
by Julie Catalano
Do you know of a vet threatening legal action or filing a suit against a client/victim? Please let us know and help us spread the word about lawsuits filed by veterinarians seeking injunctive relief.
What are SLAPP lawsuits?
SLAPP is an acronym for "strategic lawsuit against public participation," a category of lawsuit viewed as an attempt not to win in court, but to harass a nonprofit group or publication that is raising issues of public concern. - from sfgate.com
Check out SLAPPing Back for Democracy
Bookmark this page and check back for updates
Check out disciplined vets in Texas at new consumer website
(Source of data: Public records from TBVME full docket listing, agreed orders, and online disciplinary records)
July 4, 2008
New Video: Avoiding Dangerous Veterinarians
Check out new video by award-winning author Jan Rasmussen at
Your Veterinarian: Friend Or Foe?
Jan Rasmussen, author of Scared Poopless: The Straight Scoop on Dog Care, has produced a series of outstanding videos on such topics as Avoiding Dangerous Veterinarians and Stand Up to your Veterinarian
Check out her blog at www.Truth4Dogs.com and website www.Dogs4Dogs.com
As many of us learned the hard way, the reason our pets are so vulnerable is because of our own TRUST in vets who may not be worthy of that trust.
"Most of us trust our vets wholeheartedly, because we see dog care as too complicated for mere mortals, we happily abdicate our responsibility as our pets advocate in favor of our vet's perceived wisdom," she says.
She writes that a 2006 Gallop Poll shows that Americans perceive the veterinary profession to be among the top three "Honesty and Ethical Professions," says Rasmussen.
But as she wisely points out: "It's important to remember that perception isn't always reality."
Truer words were never spoken.
Going to the Vet? Ten Ways to Protect Your Best Friend
By Julie Catalano
Get copies of records...check out your vet's official and unofficial history of problems...plus second opinion, second opinion, second opinion...more
As interest in animal law grows, so too do malpractice cases against vets
Article in Massachusetts Lawyers Weekly offers hope for victims on the animal law front - Massachusetts Bar Association's newly formed Animal Law Practice Group holds inaugural meeting last month -
"It's growing at a huge pace, faster than probably any other field of law right now," [attorney Jonathan S.] Rankin says. "We're really on the cusp of something."
[Rankin says:] "This whole claim that insurance will go up and affect cost of care, I think that's just ridiculous and totally self-serving.... As the state of the law is now, there really is no consequence to screwing up."
Read full article here
Among the highlights:
One bill currently pending would add a
clause about "failing to provide veterinary care" to the
animal cruelty statute; another would authorize pet owners to claim
emotional-distress damages on behalf of themselves and their animals,
which, if passed, would alter the traditional legal status of animals as
property.
"I say that although companion animals
are property, they are a unique kind of property in that it involves a
bilateral relationship," [animal law attorney Stephen] Wise says. "So,
when a veterinarian commits malpractice, the vet destroys that
relationship, and that is what [the owner] should be compensated
for."
One such attorney is Jonathan S. Rankin of
Framingham, who started one of the state's few animal-law firms last fall.
Before becoming a lawyer, Rankin worked as an investigator for the Humane
Society of the United States and studied with Wise.
Rankin says that in the seven months he has been in practice, 60 percent of his cases have been veterinary-malpractice cases. "Most of the people who come for advice are seeking advice about vet-mal cases," he explains.
[Rankin says:] "The reason I bring
these cases is that I think it makes the industry stronger. It weeds
out the people who might not really be qualified. This whole claim that
insurance will go up and affect cost of care, I think that's just
ridiculous and totally self-serving. The point is [to] be a better
doctor. As the state of the law is now, there really is no consequence
to screwing up."
Rankin isn't waiting for legislation to
introduce that accountability. In one of his cases, Rankin is introducing
an emotional distress claim on behalf of the animal itself.
"This particular animal suffered for several weeks based on a misdiagnosis," says Rankin, who has requested that the judge allow him to include in the complaint a claim for "the pain and suffering of the animal."
Linda Breitman, a Westborough veterinarian
who works as an expert consultant on many of Rankin's cases, believes
an increase in veterinary-malpractice litigation is a good thing.
"Litigation should not be overly onerous to a vet, and not everybody that thinks they have a case has a case," she notes. But overall, she says, judiciously chosen veterinary-malpractice cases "will make the profession better."
A vet running a predominantly
small-animal practice can purchase a $1 million insurance policy from the
trust for $364 per year. Considering that doctors can spend more than
$100,000 on medical-malpractice insurance annually, that figure is
astonishingly low.
When reached for comment, representatives
of AVMA declined to comment on the impact of veterinary-malpractice cases,
disputing claims that vet-malpractice claims are increasing in number at
all.
New consumer blog a must-read for pet owners and guardians everywhere
Check out The Bad Vet Daily - 365 Days of Bad Vets
(Warning: Graphic content of veterinary maltreatment taken from public investigative, disciplinary, and legal records)
For those who think "it can't happen to me," the Bad Vet Daily graphically illustrates what can and does go on behind closed doors at vet clinics. The message?
"If reading this blog gets one pet owner to admit the thought into their minds that maybe -- just maybe -- they shouldn't blindly trust their vet, it will have been worth it. We need to become proactive in evaluating vets and their care, not waiting for a tragedy." [Source: The Bad Vet Daily]
To that I will add: the Bad Vet Daily is one of the most important public record resources on the net for those looking for details behind some of these disciplinary and legal actions against vets across the country. The stories are heartbreaking; many, if not most, appear to be completely avoidable had the vets been the least bit competent.
The vets featured on Bad Vet Daily range from the terminally stupid to the downright terrifying, and should give nightmares to anybody who blindly trusts their vet without checking their histories. Thank you, Stefani, for providing such a valuable service and relaying vital information to the pet-owning public. -- JC
Dr. William Baber, Gallatin, Tennessee
Vet Accused of Inhumane Animal Euthanasia Regains License
April 25, 2008, GALLATIN, Tenn. (AP) - A
veterinarian accused of euthanizing animals without sedation at the Sumner
County animal shelter had his license reinstated, but will be on
probation.
William Baber had his license suspended after the Board of Veterinary
Medical Examiners viewed video footage of his practices first aired by
WSMV-TV in Nashville.
The video showed Baber injecting sodium pentobarbital directly into the
animals' hearts, a procedure known as intracardial euthanasia. The
procedure is legal in the state only if the animal is sedated. more
Gallatin Vet, Baber, Arrested and Charged, wsmv.com, January 3, 2008
Baber faces 12 misdemeanor charges:
 | Two counts of Unlawful Intracardial Injection of Dogs
| Two counts of Unverified Deaths of Dogs
| Two counts of Unverified Deaths of Cats
| Two counts of Cruelty to Animals - Dogs
| Two counts of Cruelty to Animals - Cats
| Two counts of Falsifying Government Records | |
"Tennessee Vet Gone Bad"
"...still conscious, the cats were described as...'going wild' after being placed in a container, with as many as 10-15 of them being dumped on top of each other in a 'cruel manner,' authorities allege. These animals were allegedly placed into an incinerator without ever verifying that they were dead before being incinerated." It was also reported that the killings were performed within view and earshot of other animals."
Baber reportedly killed approximately 3,000 dogs and cats last year, netting him $9 per animal.
On Loving Animals - William Baber, Tennesee Vet Gone Bad
December 14, 2007 - Veterinarian William Baber's license was suspended for four months by the Tennessee Board of Veterinary Medical Examiners, and placed on probation for five years. He was also fined $2,000.
The Tennessee board will convene again in April to decide whether to revoke his license.
Baber's License Suspended, Fined, mytennessean.com, December 14, 2007
What Can You Do? Contact the Sumner County District Attorney to help make sure William Baber, DVM, gets the MAXIMUM SENTENCE allowed for what he did to these defenseless creatures. Then, contact the Tennessee veterinary board to express your dismay at their decision to allow him to keep his license. A vet doing whatever he wants behind closed doors without regard to standards, statutes, or even simple human decency is BAD NEWS, PERIOD. Check out The Animal Law Coalition for contact info to make your voice heard.
Don't forget to check out the comments left by readers, and make sure to express your opinion about this "doctor."
Editorial
So "Dr." Baber is out of commission for four whole months. I personally believe that this vet's license should have been revoked, but a vet can't practice without his license, and the goal of vet boards everywhere is to protect the livelihood of the vet, no matter how many statutes they violate. Let's hope the heat is kept up on this jerk. Thankfully, he won't be permitted to work at an animal shelter during his five-year probationary period, but that means he'll still be inflicted on the public in the form of private practice.
A vet doing whatever he wants behind closed doors is very bad news indeed, but at least this one won't be harming any animals for a few months. Maybe he can take some courses between now and then to learn the definitions of "sedation" and "anesthesia" and "euthanasia" and "humane," in case he missed them first time around.
Hopefully, when Mr. Baber goes back to work, savvy Tennessee pet guardians will do their homework before they entrust their pets to him, since he seems to be extremely deficient in keeping up with the laws of his own profession. He claims that he didn't know about the statute he violated, and says the board hadn't notified him that the laws for humane euthanasia had changed. Huh? He also claims that other vets didn't know the law had been changed either.
So the moral here, for us uneducated and ignorant "nonprofessionals," is 1) do whatever you want, and 2) if you get caught -- blame something or somebody else! And don't forget to throw in what other vets do or don't do, and know or don't know, to justify your own incompetence. Whine about how YOU are the "real" victim. That's admirable, and certainly a sign of great integrity.
Which means, sadly for pet owners and guardians, that no matter how bad the offense is, some vets will still find a way to make endless excuses for themselves. A coward like Baber will probably spend the rest of his days claiming he did nothing wrong, he was only doing his job, someone was out to get him, blah blah blah. Those are the usual smokescreens used by those who don't have what it takes to step up, be a man, and take responsibility for their own actions. Let's hope the ongoing criminal investigation nails him too. Then we'll see what his next set of excuses will be. It's not his first run-in with the board, either, so it's not like they didn't know what they were dealing with. He was also reprimanded by the shelter facility several months earlier for his methods, which obviously did a lot of good since Baber kept doing what he was doing (i.e., whatever he wanted).
It wouldn't surprise me in the least to see this creep turn around and sue someone for defamation/entrapment/harassment/emotional distress or whatever else his lawyer can dream up. But if he's been paying any attention to the track record of lawsuits being used to silence or punish their critics, maybe he's smart enough to recognize that that is a losing battle, too. No vet will ever have the power to silence our statements about what we have every right and reason to believe is WRONG. As long as there are vets doing incorrect, inhumane, incompetent, negligent, and harmful things, there will ALWAYS be somebody out there to tell what they did, and to whom they did it. They can't silence EVERYBODY. But some vets might really believe that they have the power to control everyone. Can you say arrogant?
At least the Tennessee board took some action, partly, I hope, in response to media coverage and public pressure, which is what it will ultimately take to shine the spotlight on vets who think the rules don't apply to them. The public has the right to know what these licensees of the state are REALLY doing, so that everyone can make informed choices for the care of their companion animals. -- J.C.
What Can You Do? Contact the Sumner County District Attorney to help make sure William Baber, DVM, gets the MAXIMUM SENTENCE allowed for what he did to these defenseless creatures. Then, contact the Tennessee Board to make sure this vet's license is PERMANENTLY REVOKED. A vet doing whatever he wants behind closed doors without regard to standards, statutes, or even simple human decency is BAD NEWS, PERIOD. Check out The Animal Law Coalition for contact info to make your voice heard.
Don't forget to check out the comments left by readers, and make sure to express your opinion about this "doctor."
Related media coverage on Baber, below...
Consumer Alert! You have the right to informed consent
Does your vet know that informed consent takes place PRIOR to a procedure being performed on your companion animal?
Apparently not all veterinarians understand this concept. You may want to make sure you are taking your pet to a vet who actually explains EXACTLY what is going to be done to YOUR pet (some vets might be a little blurry on the concept of who actually OWNS the animal - make sure your vet has the capacity to understand that this is YOUR pet, NOT THEIRS), explains the risks vs. benefits of that SPECIFIC PROCEDURE, and other information about that SPECIFIC PROCEDURE, and obtains your INFORMED CONSENT for that SPECIFIC PROCEDURE BEFOREHAND.
This is especially crucial if the vet performs surgery or uses anesthesia on YOUR pet. Also, you may want to make sure that your vet has a working knowledge of proper anesthesia regimens as well, before you allow them to perform surgery on YOUR pet.
A vet MUST obtain permission from YOU, the CLIENT and OWNER of the animal for the SPECIFIC PROCEDURES they perform on YOUR PET. Veterinary Practice Act statutes forbid the performance of an UNAUTHORIZED procedure, and NO VET can manufacture an incidence of "informed consent" that never happened, nor can they apply their own personal definition to it to make it appear as if informed consent took place when it didn't.
If ANY VET performs surgery and administers anesthesia without your knowledge and INFORMED CONSENT, claiming afterwards (when they get caught) that you gave "informed consent" when NO such authorization for SPECIFIC PROCEDURES TOOK PLACE, and you had NO KNOWLEDGE of the specific procedures to be performed BEFORE they were performed, REPORT THE VET TO YOUR STATE VETERINARY BOARD IMMEDIATELY.
You may have to MAKE your vet follow the law by notifying them that they do NOT have permission to do whatever they want to YOUR pet unless they
1) know the definition of informed consent, and 2) actually USE it BEFORE performing surgical and anesthetic procedures on YOUR pet.
Some vets apparently feel entitled to ignore such things as the laws of their own profession and the standard of care.
If you are unfortunate enough to end up with a vet who acts as if the rules don't apply to them, defines informed consent as something other than what it is, breaches the standard of care, hides behind staff members or vet techs, and then blames YOU or YOUR PET for THE VET'S OWN ACTIONS, FIND ANOTHER VET.
There are plenty of good vets who know the definitions of informed consent and standard of care, and will not play games with YOUR pet's life.
More below...
Groomer News
Celeste Rainone, Grooming by Celeste, Baltimore, Maryland
Pet Groomer Who Killed Dog Sentenced to Jail
Rajah's Killer Gets Jail Time, examiner.com, November 19, 2007
Groomer claims she beat dog because she was having a "panic attack."
Fourteen-year-old poodle suffered blunt trauma to head, face, liver, and other organs.
Dog beater had threatened to sue owner for defamation.
Judge sentences Rainone to three months.
Rajah’s owner, Nancy Pine, a Baldwin resident, said she was tired of hearing Rainone’s “constant excuses.”
“This dog was beat to death, and she needs to be held accountable for that,” Pine said. “… She took a life.”
The Baltimore County government has not revoked her grooming license, despite the conviction.
My favorite part? The killer's lawyer says that "publicity about the case" has "destroyed his client's business."
So the question becomes:
Should we grieve the beating death of Rajah, a beloved family companion, a geriatric 14-year-old dog who was dropped off at the groomer's by his owners in an act of trust?
Or should we mourn Celeste Rainone's "destroyed" pet grooming business?
Your choice.
-J.C.
Related:
Rajah's Killer is Found Guilty, examiner.com, October 2, 2007
Dog groomer Celeste Rainone took the stand Monday and adamantly denied beating a poodle to death in a fit of rage.
“I would never do something like that,” Rainone, 53, said in Baltimore County District Court. “I don’t even dig in my garden because I might hurt earthworms.”
What killed Rajah the poodle?, examiner.com, February 21, 2007
“They called and said, ‘He bite me. He’s not behaving very well and there’s no excuse for that,’ ” Pine said. “What in the heck was being done to my dog? If they knew the dog was in distress, they should have called me. If they thought the dog was sick, they should have called me.”
Pine said the business’ owner, Celeste Rainone, told her after returning Rajah that the dog was ill when Pine brought him to her, but Pine doesn’t buy that.
“It’s suspicious. I think she might have been struggling with the dog,” she said. “We’re just devastated. This should not have happened to any animal.”
This is an independent consumer advocacy site and not associated with any state licensing board or regulatory agency in any way.
Do you need to file a complaint against a veterinarian? Start here.
Texas residents, go to Texas Page
What state are you in?
Check out the new States Project on vetabusenetwork.com that will monitor
legislation, veterinary board actions, news and media coverage, web sites,
and other related
links from your state more
Editorial
New Consumer Website Watches Texas State Board of Veterinary Medical Examiners
New site launched by Mesquite victims aims to shed daylight on proceedings in Austin and keep Texas pet owners informed on laws that affect pets and vets.
Do you doubt that vets protect vets?
If you do, consider this: More than 90 percent of consumer complaints filed with the Texas State Board of Veterinary Medical Examiners against vets in Texas are DISMISSED - formerly by only one vet, in recent years by two, thanks to legislative changes - but never by the entire board as the public might be led to believe. Complaint dismissals are regularly rubber-stamped by the board only after one or two vets conduct their off the record "investigation" safely out of public view, while communicating with the vet in question and forbidding the complainant to have any contact with them. While some states open their investigative files to the public so that owners and guardians can make up their own minds, Texas does not. It is a secret system in this state that puts our pets at continuous risk.
But that won't -- and thankfully can't -- stop consumers from sharing as much information as possible.
The new site, Texas VetBoard Watch, is aimed at shedding daylight on the policies and procedures of the Texas Vet Board, was launched by Greg and Cindy Munson in honor of Stempy and to help all other Texas victims of the travesty that exists in Austin.
The new site will WATCH and MONITOR how the Texas State Board of Veterinary Medical Examiners dismisses more than 90 percent of consumer complaints filed in Texas no matter how much evidence exists of alleged malpractice, negligence, and incompetence, along with evidence of repeated violations of the Texas Veterinary Practice Act and repeated breaches in the standard of care.
Disgruntled vets who blatantly violate the statutes may bristle at being under scrutiny -- after all, their private practices are also safely out of view from prying eyes -- but CBS-11 TV in Dallas covered the very serious subject of the Texas Veterinary Board's track record earlier this year in a two-part investigative series. Media is increasingly reporting on issues surrounding vets and vet boards, and we hope they continue to do so. Their actions (and inactions) have a direct effect on public health and safety, and their actions (and inactions) have gone unexamined for far too long. How many vets who have been exonerated by this broken and inadequate system are out there putting animals at risk every day? How many vets have had multiple complaints filed against them but because they were dismissed by this secret system, they appear to have a "clean" record? We'll never know.
Vet after vet after vet is let go by a system that refuses to properly evaluate evidence, and takes the vet's "word" for events without allowing the complainant to see the vet's WRITTEN RESPONSE; meaning, the vet is free to misrepresent things such as "refusal" of treatments, "authorization" of treatments, "informed consent" (by their definition), patient record-keeping, and other events, confident that the complainant will never see the vet's OWN WORDS IN WRITING. By not allowing the complainant to communicate with the reviewing vets (while the vet is free to contact the board all he wants to "help" the decision-makers understand what "really" happened), by keeping the informal conference off the record and behind closed doors, and by keeping the complainant OUT OF THE LOOP, the board system enables the vets to come up with any version of events they want, knowing that the owner won't be around to contradict them or force the reviewing vets to actually look at the evidence of wrongdoing. EVIDENCE.
Well, some have been looking VERY closely at what goes on in Austin at a system that continues to protect vets who do whatever they want behind closed doors, knowing that their deeds will be similarly protected behind closed doors at a state agency that is supposed to be protecting US and OUR ANIMALS. The new site will help in keeping track of the Texas vet board antics as they may be tempted to find new and more creative ways to protect the licensees who flout the laws of their own profession year in and year out, knowing that there's only an EIGHT PERCENT CHANCE THAT ANY OF THEM WILL GET CAUGHT.
Or to put it another way, they may ALL get caught, since the vets own actions and records speak for themselves, but only eight percent of them will get punished.
If you live in Texas, please join the Munsons in helping to hold the Texas vet board accountable for the policies and procedures that are in place to PROTECT VETS at the expense of our PETS' LIVES, and at the expense of public health and safety. Check out their excellent new site.
Think Texas has the only sorry vet board in the country?
Read on...
Dr. William Baber, Gallatin, Tennessee
Vet Accused of Inhumane Animal Euthanasia Regains License
April 25, 2008,
GALLATIN, Tenn. (AP) - A veterinarian accused of euthanizing animals
without sedation at the Sumner County animal shelter had his license
reinstated, but will be on probation.
William Baber had his license suspended after the Board of Veterinary
Medical Examiners viewed video footage of his practices first aired by
WSMV-TV in Nashville.
The video showed Baber injecting sodium pentobarbital directly into the
animals' hearts, a procedure known as intracardial euthanasia. The
procedure is legal in the state only if the animal is sedated. more
Vet injected sodium pentobarbitol directly into thousands of animals hearts without sedation or anesthesia. Baber claims he didn't know that was illegal.
December 14, 2007 - Veterinarian William Baber's license was suspended for four months by the Tennessee Board of Veterinary Medical Examiners. He was fined $2,000 and placed on probation for five years, during which time he cannot work at any animal shelter.
Baber's License Suspended, Fined, mytennessean.com, December 14, 2007
PETA Action Alert: Demand Revocation of Cruel Veterinarian's License
Tennessee Vet's License Reinstated
Board Temporarily Suspends Tennessee Vet's License Due to Illegal Euthanasia Method
Sheriff's Office to Investigate Illegal Euthanasia Methods by Tennessee Vet
Other Related Posts:
Gallatin Vet, Baber, Arrested and Charged
Tennessee Vet’s License Reinstated
Board Suspends Cruel Tennessee Vet After Video Exposes Euthanasia Practices
Tennessee Vet’s Cruel Euthanasia Methods Exposed
Dr. Joshua Winston, Phoenix
Arizona Vet Board Clears Chihuahua-punching Vet
Board clears veterinarian of punching chihuahua, Arizona Republic, September 26, 2007
But criminal case is "still active."
On a 5-2 decision, the veterinary board agreed last week there was no evidence that Dr. Joshua Winston had acted unprofessionally, and it later dismissed an animal-abuse complaint against him, said Jenna Jones, the board's executive director.Winston, the owner of Sun City West Animal Hospital, was indicted on one felony charge of animal abuse in July.
Maricopa County Attorney Andrew Thomas called the board decision "disappointing and contrary to the weight of the evidence" and said his office will continue to prosecute Winston.
Sad, but not surprising. Vet boards routinely go to great lengths to protect vets like this from accountability. Let's hope the district attorney can do something, but if history is any indication the vet will get away there too. Winston is also facing a theft charge:
Dr. Joshua Winston faces charges of animal cruelty and theft, according to a prepared statement from Maricopa County Sheriff's office.
The theft charges
come from a separate incident in earlier this year, when Winston was to
vaccinate a Neapolitan Mastiff and instead of vaccinating the dog, Winston
shot the vaccination into the air and charged the dog's owner, Jeff Orth,
$80. [azcentral.com, July 10, 2007]
My favorite comment came from this poster on the Republic's web site.
"They decided he did not act unprofessionally!?!? Hmmm, And what does a vet charge you for the 'Professional' service of knocking your dog's eye out?"
--J.C.
PETITION: Care2 Petition Site, Petition: This is Bella...
UPDATE! As of October 24, more than 1600 signatures on this petition...keep 'em coming...
Related:
Vet Arrested in Chihuahua's Beating, (Phoenix, Arizona) readingeagle.com, June 11, 2007
Veterinary Board is Lax on Discipline, Some Say, Arizona Daily Star, June 29, 2003
www.pet-abuse.com - Joshua Winston
Recovering from the crash: A planner lays out a plan to help veterinarian Joshua Winston rally back from two big setbacks, cnnmoney.com, January 10, 2005
MORE VET BOARD NEWS
Check out a report on the North Carolina veterinary board
In memory of Alex and Gus
Check out a report on the New Hampshire veterinary board
In memory of Pocket
Check out Texas State Board disciplinary action summaries
In memory of Toonces
More vet board news coming soon.....
Featured essay: Pet Owners Beware
"Consumers have the right to question the goods and services they pay for. Consumers have the right when business and government agency's refuse help to go to others seeking and sharing those same goods and services and ask questions. Consumers have a right to basic consumer rights, freedom of speech and freedom of information. As pet owners we are consumers. What reputable business hangs out a sign, offers goods and services to the public, solicits your business, takes your money, then has the state pass a law which restricts you from questioning or scrutinizing them? These people are your pets veterinarians."
Texas
July 2005
Edward J. Nichols, DVM, Crestway Animal Clinic, San Antonio, FILES LAWSUIT AGAINST THE OWNER OF THIS SITE
In 2005, Edward J. Nichols, DVM, and Edward J. Nichols DBA Crestway Animal Clinic filed a lawsuit against me and SOUGHT AN INJUNCTION TO FORCE ME TO REMOVE ALL CONTENT RELATING TO HIM, CRESTWAY ANIMAL CLINIC, AND HIS TREATMENT OF MY CAT SUKI.
AT A HEARING ON JULY 28, 2005, NICHOLS REQUESTED A TEMPORARY INJUNCTION. THIS REQUEST WAS DENIED BY THE TRIAL COURT WHO REFUSED TO GRANT A TEMPORARY INJUNCTION.
NICHOLS APPEALED THAT ORDER. ON SEPTEMBER 13, 2006, THE SAN ANTONIO COURT OF APPEALS AFFIRMED THE TRIAL COURT'S ORDER DENYING HIS REQUEST FOR A TEMPORARY INJUNCTION. (Read appeals court decision here)
NICHOLS' LAWSUIT SEEKS TO OBTAIN A PERMANENT INJUNCTION TO DISMANTLE THIS SITE AND ENJOIN ME FROM EXPRESSING MY OPINIONS ABOUT HIM AND THE SERVICES HE RENDERED TO SUKI.
--Julie Catalano, founder, vetabusenetwork.com
*Update - This case was set for trial in Bexar County District Court on March 10, 2008. A settlement announcement was made on March 10, 2008, and this case was DISMISSED with finality.
Other lawsuits by vets against clients
- www.aligus.com - lawsuit filed by Kevin Monce, DVM, North Carolina, March 2005)
UPDATE! October 23, 2007 -- MONCE WITHDRAWS "DEFAMATION" SLAPP SUIT AGAINST NANCY DEAS AND EDNA DEAS.
- www.vetabusenetwork.com - lawsuit filed by Edward J. Nichols, DVM, and Edward J. Nichols. d.b.a. Crestway Animal Clinic, Texas, July 2005
*Update - Settlement announcement made March 10, 2008, and case was DISMISSED.
- http://bobobear.bravehost.com/ - lawsuit filed by David Faulkner, DVM, Texas, November 2006
Check here for updates on lawsuits
vetabusenetwork.com First Amendment Resource Section
If you know of other lawsuits filed by veterinarians against citizens, or media coverage of any types of threats by vets, please send information to speakout@vetabusenetwork.com
What are SLAPP lawsuits?
Read about SLAPP suits - Check out
Which states have antiSLAPP protection? (hint: Texas doesn't...)
Editorial: Why is the Free Speech Online campaign important?
Related links:
South Carolina
Veterinarian 'Demands' Web Site Removed -- and FAILS
The Revolution Will Be Blogged, charlestoncitypaper.com, November 22, 2006. "[Veterinarian Thomas Sheridan's] attorney has written to Zotto, demanding that she remove the website."
Related:
Update! Read Cootie and
Susan's Story
From www.sheridantruth.com:
Read more on Thomas Sheridan, DVM, and other South Carolina news
SHERIDAN'S PUBLIC DISCIPLINARY HEARING AT THE SOUTH CAROLINA VET BOARD was scheduled for May 3, but Sheridan was granted a continuance. Check www.sheridantruth.com for updates on when Sheridan's hearing will occur.
Welcome
This site was originally established in 2000 as a way to educate the public about protecting their pets in a veterinary care setting; to monitor conduct by state licensing boards who allow known or suspected violators of the Veterinary Practice Act to remain unaccountable for their actions; to provide links to public record, media coverage, and resources on this subject; and to let animal guardians who have lost their pets under tragic circumstances know that they are not alone.
OUR MISSION: TO EXPOSE INCOMPETENT VETS WHO ARE PROTECTED BY STATE BOARD, CRIMINAL, AND CIVIL COURT SYSTEMS EVEN WHEN THERE IS EVIDENCE OF WRONGDOING, MALPRACTICE, INCOMPETENCE, AND NEGLIGENCE. AND TO EXPOSE THE STATE BOARDS THAT PROTECT THEM.
This site and the people connected with it do not stand alone. There are growing numbers of consumers across the country who are committed to the exposure not only of incompetent veterinarians, but also of the state boards that protect them.
I stand by all original material on this site. It is protected under freedom of speech, the First Amendment, and the greatest protection of all -- the TRUTH.
This flame shines in memory of all of our beloved animal companions who were harmed or killed by veterinarians, whether through incompetence, negligence, malpractice, apathy, or cruelty.
We will never forget.
We will never be silenced.
This is an independent consumer advocacy site and not associated with any state licensing board or regulatory agency in any way.
If you haven't yet done so, please read our Mission Statement
New Year's Message from Founder
ripoffreport.com
Featured essay: Pet Owners Beware
"Consumers have the right to question the goods and services they pay for. Consumers have the right when business and government agency's refuse help to go to others seeking and sharing those same goods and services and ask questions. Consumers have a right to basic consumer rights, freedom of speech and freedom of information. As pet owners we are consumers. What reputable business hangs out a sign, offers goods and services to the public, solicits your business, takes your money, then has the state pass a law which restricts you from questioning or scrutinizing them? These people are your pets veterinarians."
A Must-Read - a PETA
Investigator's Story
Do You Know What Happens in Your Vet's Back Room?
WARNING - Graphic content
plus...
An 8-Point Plan to Protect Your Animal Companion
"Does the vet go into the back room for even simple procedures?...ALWAYS exercise your right to be with your animal at all times...If your animal must stay overnight...make sure someone is going to be there to monitor...For anything major, seek a second and third opinion. You are entitled to copies of your companion's medical records and x-rays...If you believe an animal has been mistreated, take him or her to another vet for a thorough examination." more
Related:
Vet Removes Dog's Teeth Without Notifying Owner, North Andover, Mass., eagletribune.com, June 2, 2007
"The whole idea is this is your child, this is your baby. How can you trust what they say when you drop off your pet?" asked [owner] Carew, who lives in Haverhill.
INFORMED CONSENT -- DOES YOUR VET KNOW WHAT THAT IS?
AVMA Standard Consent Form
Is your vet using a consent form PRIOR to the procedures he performs? Even the AVMA offers the use of a standard consent form for its members to use which clearly states that the owner has "been informed that there are certain risks and complications associated with any operation or procedure of this type. They have been explained to me as well."
Further, the form states that the owner authorizes "the use of appropriate anesthesia and pain relief medication as needed before or after the procedure."
Getting permission from the owner prior to anesthesia and surgery? What a concept. A pet guardian has every right to know what is being done to their animal BEFORE it's done. Use a vet who does not use consent forms for procedures involving surgery and anesthesia at your own risk, or you may end up with a vet doing whatever he or she wants with no thought to your wishes and CHOICES as a pet owner.
Informed consent is the VETERINARIAN explaining risks vs. benefits of a SPECIFIC procedure PRIOR to the procedure being performed. It is NOT a vet doing whatever they want, in secret, and then claiming afterwards that "informed consent" was given. NOR IS IT "INFORMED CONSENT" THROUGH A THIRD PARTY SUCH AS A STAFF MEMBER, VET TECH, OR RECEPTIONIST.
If the vet himself did NOT explain the specific procedure to you BEFORE it was done, THEN INFORMED CONSENT DID NOT HAPPEN, NO MATTER HOW THE VET ATTEMPTS TO TWIST EVENTS.
--J.C.
More on record-keeping and informed consent here
Cat
Kidney Failure up 30 Percent, bob.wjla.com,
April 10, 2007
Consumer
Alert: Thousands of pets could now be facing kidney disease as
a result of tainted food. Does your vet know how to diagnose and treat
renal failure?
Alex's Story "...the vet said he did not have kidney disease period and refused to listen to me about the recalled food...I kept repeating the recalled food, the poison possibility and the vet just brushed me off.. I am telling you this in case you have a pet that has the symptoms Alex had and the vet does not interpret the blood work properly. Look for these things and INSIST the vet listen to you...If Alex had gone on IVs at his first visit he might have been able to pull through this. [Source: menufoodsvictims.blogspot.com]
"'There is nothing you can do for a cat whose kidneys are failing.' Wrong. Fluids and various medications can be of great benefit.... Run from a vet who throws up his or her hands like this. At the very least, get a second opinion." [Stupid Vet Tricks?]
From Florida
Family
Blames Animal Clinic After Dog Suddenly Dies,
wftv.com, Orlando, March 2, 2007
"Eyewitness News went to the animal hospital for some answers, but got none. Now Dan wants to find out not only what killed his dog, but at least three other dogs that were at the hospital. An after death medical report from the University of Florida said the deaths were linked to some kind of infectious organism."
from
New Hampshire
Check out Pocket's Story to see the disciplinary action (and lack thereof) taken against vets in New Hampshire.
Summary: 1995-2000 85 written complaints received and 9 forms of official discipline imposed for a rate of 10.5%
2000-2005 133 written complaints resulted in 7 forms of official discipline for a rate of 5.3% [Source: Pocket's Story]
A disciplinary rate of 5.3 percent? Pathetic! The NH board must be vying for the title of most worthless vet board in the country. Unfortunately, they have a LOT of competition in that category..
For more information, check out the New Hampshire Resident Page on Pocket's Story site.
[On February 8, 2007, I attended and testified at the meeting of the Texas State Board of Veterinary Medical Examiners in Austin, Texas. Board meetings are open to the public. -- J.C]
Good news for Texas pet guardians!
Amendment Passed
- Texas vets will be required to turn over complete patient records
at the beginning of investigations.
Austin, February 8, 2007 - At the last public meeting of the Texas State Board of Veterinary Medical Examiners, Board members voted to pass an amendment to Rule 575.27 -- Complaints - Receipt, Investigation and Disposition -- which will require veterinarians to turn over patient records to board investigators at the onset of an investigation instead of seeing the complaint first and then submitting records. More
Bad news for Texas pet guardians!
Amendment Defeated -
October 2006 - A proposed amendment would have required Texas vets to
note in the patient record when services and treatments are offered to the
client and declined. The amendment's defeat gives Texas vets
complete protection should they violate the humane standard of care - all
they have to do is blame the client for "declining" proper tests
and treatments when there is no notation in the record of that ever
happening. It's a foolproof way for vets to mistreat your pet in any
number of ways, enjoy zero accountability for what is (and is NOT) on
their patient records, and then later blame YOU for their own actions! More
Texas VetBoardWatch Site Launched by Texas Advocates
Urgent Notice to Pet Guardians
Do
you have complete copies of your pet's medical records?
Veterinary Record-Keeping Essential to Your Pet's Health and Safety
Filing a complaint? Get copies of records immediately. If you live in a state that allows you to get copies of your pet's records (Texas does), do so as soon as possible and before you file the complaint with the state board. More
Related:
"After Luke died, I contacted all of the veterinary clinics where I had taken Luke and requested copies of his records. (You bet I was pissed!) All but one clinic did indeed send me records, however, the records were useless. I was shocked and appalled! The records were scant, incomplete, non-existent. Most of the "records" are only copies of the billing. Only the University of Minnesota Veterinary Clinic keeps records of any value - but then, their vets don't read them and end up killing your dog.... I'll tell you about that later." From Luke's Story
INFORMED CONSENT -- DOES YOUR VET KNOW WHAT THAT IS?
"Obtaining the informed consent of the pet owner prior to the anesthetic and/or surgical procedure may be one of the most important steps in establishing an understanding with the client. This process addresses the issue of risks associated with the procedure." -- From the California Veterinary Medical Board web site.
Is your veterinarian following the law?
More on record-keeping and informed consent here
Veterinarians Can 'Get Away with Murder,' Animal-Law Attorney Says, columbiajournalist.org, February 26, 2007
"If you file suit against a vet in New York, don’t expect much. Seligman, who is fighting to get damages for her client in the ruptured spleen case, says that while there does exist a standard of care – “the reasonably prudent doctor standard” – if something goes wrong, a veterinarian is hardly ever held liable." more
Maryland Pet Guardians - What You Need to Know
Consumer site for veterinary victims in Maryland
Toonces Olsen (Maryland)
Check here for list of Maryland vets disciplined between January 1, 2005 - August 2, 2006
Check here for summaries of Texas vets disciplined in 2005
Check out The Toonces Project Editorials:
Veterinary Board, Do Your Job!
Do you need to file a complaint against a veterinarian? Start here.
Texas Pet Guardians - What You Need to Know
Stempy's Story "Never Blindly Trust Your Vet"
Stempy's
Checklist -- How to Choose a Veterinarian
Choose the original 40-question comprehensive version or the 21-question express checklist
Check background, compliance, experience, education, office hours, appointments, emergencies, practice issues, fees and payment methods, tour of the facility, and more
Stempy Munson (Texas)
Watch CBS 11's Tracy Rowlett's Two-Part Series on KTVT-TV, Dallas:
Pet
Owners Claim Vet Malpractice Killed Dogs
(Dallas) cbs11tv.com, March 21, 2007
Pet
Owners Fight for Better Animal Health Care , cbs11tv.com, March 22,
2007
Austin, October 11, 2007 - Greg and Cindy Munson testify at Texas State Board of Veterinary Medical Examiners public meeting. Read their citizen comments here
Austin, June 14, 2007 - Greg and Cindy Munson testify at Texas State Board of Veterinary Medical Examiners public meeting.
Austin, February 8, 2007 - Greg Munson testifies at Texas State Board of Veterinary Medical Examiners public meeting.
Austin, Oct. 12, 2006 -- Greg and Cindy Munson testify at Texas State Board of Veterinary Medical Examiners public meeting. Read their comments here
from Stempy's Site:
Texas Vet Board Watch - What is going on in Austin?
and
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