Dolman Law Group is an award winning Clearwater car accident and personal injury law firm. Matthew Dolman has been selected as a Florida Super Lawyers in 2013, 2014 and 2015 by his colleagues. Mr. Dolman has been nominated as a top 100 trial attorney and top 40 under 40 by National Trial Lawyers. He is a lifetime member of both the Million Dollar and Multi-Million Dollar Advocacy Forum.
Thursday, October 30, 2014
Vet Removes a Dog’s Eye without Owner’s Permission
are expected to live for around 13 years—are very susceptible to eye conditions
and disorders. With that said, when 12-year-old pug Chloe was burdened with an
eye condition, it came as little surprise to the owner, Kimberly Hayden of St.
any respectable dog owner would do, Hayden took her beloved dog to the local
vet when she noticed a cloudy eye. What was her choice of veterinary hospital?
It was the PetSmart-partner known as Banfield.
were sent home with three different eye drops […] two oral medications” explained
was expecting a follow-up with Chloe in a few days, so Monday morning Hayden
dropped her off before work.
received a phone call at noon approximately 4 hours after the drop-off from a
lady at PetSmart.
is doing well. She’s recovering well from surgery.”
was in shock. Her dog’s cheap follow-up became an expensive, unauthorized
surgery. Hayden had even signed paperwork that ensured anything costing more
than $5 would be brought to her attention beforehand. This was not the case.
The Initial Reaction
Hayden was re-introduced with Chloe, she broke down in tears.
immediately recognized my voice and came right to me. Jumped up, wanted to be
in my lap, and curled up into a ball.”
was shocking to Hayden for her dog to have undergone such extensive surgery
without her permission, and understandably so.
been working closely with Chloe and trying to help her adapt, saying “She’s
stumbling, bumping into things. It’s just been very traumatic. It feels
manager at the St. Petersburg Banfield Hospital where this event took place
personally stepped up and admitted that a terrible mistake had been made.
up the management line was Ari Zabell, the client advocate for Banfield Pet
Hospital with the following statement:
Banfield Pet Hospital, we are committed to partnering with clients in all
decisions regarding their pet's care. In the instance of Chloe, although the
care provided was medically necessary based on the severity of her condition
and lack of response to therapy, we did fail to get surgical authorization from
the client on the day of the procedure. However, we had previously discussed
the need for surgery with the client-we also communicated that surgery was
critical to alleviate Chloe's pain and potential for infection. We apologize
for the lack of clear communication and will continue to attempt to reach Ms.
Hayden in an effort to further resolve her concerns. In the meantime, we wish
Chloe a speedy recovery."
Possible Legal Actions?
Kimberly Hayden has stated that any legal actions that she chooses to take are
main focus seems to be the prevention of future veterinary malpractices in
whole-heartedly explained that “If I can do anything with what happened to us
yesterday to help others, then unfortunately this was a bad thing but we did
good from it,”
has plenty of wiggle room for pitching a successful case, but only time will
tell us exactly how much compensation she is seeking for the case.