

What you should do when a vet kills your pet

My
6 year old dog Sabra had her uterus removed for pyometra. A vet called
Dr Mahendran operated on her. Her stitches split open. He refused to
redo the stitches as it was a holiday. She suffered terribly as
infection set in and died.
Rajaram was thrown into my house. After a month, I sent him to the vet to get vaccinated. The vet, Dr Kumar, insisted on muzzling him. He waited an hour in the heat and died. Dogs can only perspire through their mouths so they should never be kept with their mouths shut in any hot weather.
People who have lost pets to vets know the impotent rage one is filled with. In both cases I did nothing because I did not know what to do. Today, I would make sure the vets went to jail.
I have heard thousands of horror stories. In rural areas when poor people take their cows/buffaloes/goats to the government veterinary centres, the chances of a vet being there are remote – he carries on an illegal practice in the city while the compounder examines the animals. Even if he is there, he will prescribe any medicine that he is getting a kickback on or he will write some illegible nonsense on a rough sheet of paper and send the owner to a shop for a vitamin or a painkiller.
City vets are no better. One vet gave six injections in one day to a puppy with mange. The animal died shrieking in pain with lumps all over her body. No vet I know studies after he has got his basic degrees and Indian veterinary colleges are really mediocre.
Next time you have a vet who kills your animal this is what you should do :
Make sure that the vet you are going to is a qualified vet with BVsc and AH, MVsc degrees. The State Veterinary Council has an Indian Veterinary Practitioners Register with the names of the persons with recognized veterinary qualifications in the State under the Indian Veterinary Council Act, 1984. Many vets who pretend to be vets are actually compounders.
Always keep all records/receipts regarding the treatment and payment to use as evidence. If the animal is not recovering, get a second opinion from another vet, and compare the diagnoses. In case of a pet’s death, if you suspect that the vet has been negligent, get a post-mortem done. Unfortunately this has to be by a government vet so that means more running around. Get a lawyer.
The Veterinary Council of India has an office in each state which investigates complaints about veterinary malpractice and has the power to cancel a vet’s license. The Code of Professional Ethics to be followed by vets has been laid down by the VCI through its Notification No. 4-4/91-VCI/3, dated 1st April 1992 called the Veterinary Council of India (Standards of Professional Conduct, Etiquette and Code of Ethics for Veterinary Practitioners) Regulations, 1992.
* Obligation to the patient - The Code of Ethics for veterinary doctors defines ‘patient’ as an animal, bird or a group of them being treated or managed or advised to be treated or managed by a veterinarian. A ‘client’ means the legal owner of the patient or his representative or the person(s) directly assigned responsibility of the patient
Though a veterinarian is not bound to treat cases of every one asking for his/her service, except in emergencies, he/she shall for the sake of humanity and the noble tradition of the profession, not only be ever ready to respond to the need of the sick and injured animals/birds, but shall also be mindful of the high character of his/her mission and the responsibility he/she incurs in the discharge of his/her professional duties.
* Patient not to be neglected - A veterinarian is free to choose whom he/she will serve, provided that he/she shall respond to any request for his/her assistance in an emergency or whenever temperate public opinion expects the service. Once having undertaken a case, a veterinarian shall not neglect the patient nor shall he/she withdraw from the case without giving notice to the client sufficiently in advance, to allow him to secure another veterinarian.
* Act of negligence – No vet shall willfully commit an act of negligence that may deprive patient of the care that is absolutely necessary. A vet is expected to show such diligence and skill in service.
For professional misconduct, the council under Section 31 of the Act can revoke the vet’s license. So you can complain to the State Veterinary Council. However the Veterinary Councils are generally useless bodies filled with retired government vets who do nothing.
Take the matter to Consumer Court. The vet, if proved guilty, can be severely punished and have to pay heavy compensation.
A medical practitioner can be sued under the Consumer Protection Act, 1986 for his or her professional negligence resulting in damage to the patient.
Deficiency of service has been defined under Section 2(g) of Consumer Protection Act as "any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. "The duties of a doctor have been clearly described by the Supreme Court in Lakhsman Joshi v. Trimbak. A person, who holds himself out ready to give medical advice and treatment, implies that he is possessed of skill or knowledge for the purpose, such person when consulted by a patient owes him certain duties.
The Supreme Court judgment in Jacob Mathew v. State of Punjab has framed guidelines under which a Doctor could be held criminally liable on account of his professional negligence or deficiency of service. The essence of the Supreme Court judgment is that when a doctor does not treat a patient with the proper amount of quality of care, resulting in serious injury or death, they have committed medical negligence.
Veterinary services are medical services under Consumer Protection Act. A veterinary doctor may be held liable for ‘deficiency of service’ as defined under Section 2(g) of Consumer Protection Act.
A case, decided in August 2009, illustrates the action taken by the court against a negligent veterinary doctor: Holding the Delhi Government and its veterinary department guilty of medical negligence which resulted in the death of 19 buffaloes in 2003, The District Consumer Forum of Janakpuri, headed by J.P. Sharma, held veterinarian S.K Dawas guilty of negligence and ordered him, the Delhi chief secretary, the director and commissioner of the animal husbandry department jointly to pay the dairy owner Shambhu Dayal compensation of Rs.5,00,000.
To join the animal welfare movement contact gandhim@nic.in