Legal Question in Civil Litigation in Illinois

Dog Neuter

My dog was neutered last week at a not-for-profit spay & neuter clinic. When my husband dropped him off he signed a release basically absolving the clinic of any responsibility should complications arise. Needless to say, we have had extreme complications. My dog was not properly sutured and was hemmorhaging in 6 areas. He now has 13 staples along a 3'' incision on his penis. The pressure from the blood in his scrotum was so severe that it has caused the tissue on his scrotum to become necrotic. Tomorrow he is scheduled for surgery to remove his scrotum. We have spent $1300 and still don't know how much tomorrow's surgery & subsequent care will cost. I'd like the clinic to pay for the complications. Do you think we stand a chance?


Asked on 1/14/09, 11:44 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Dog Neuter

Yes, you have a chance. Give it a try and look up adhesion contracts on the net. Also, look up public policy and releases and negligence, as well as informed consent for animal procedures.

good luck

Read more
Answered on 1/15/09, 10:22 am
Nima Taradji Taradji Law Offices

Re: Dog Neuter

You do have a chance.

The law views animals as property- In all likelihood, this would be treated as if you had taken your car to a mechanic and the mechanic had changed the radiator (for example) and in the process has caused the catalytic converter to fall out. Whether the mechanic is responsible to fix the converter? The answer in all likelihood is "yes." Provided--and that is important--that you can show through an expert opinion that changing a radiator while exercising reasonable care and following the standard of care for mechanics doing such work, should not cause a converter to fall out.

Obviously the dog's health is primary and whether you or the clinic pays for the surgery is something that will have to be discussed without causing any delay in the necessary medical procedure.

You should approach the vet and ask very specific questions about why these things have happened. Then get a copy of the dog's chart and go to another vet, show him the chart and the dog, and get a second opinion. If the second vet tells you that the first surgery was done in a careless manner, then you send the clinic an invoice to get a refund for whatever amount you have paid over and beyond the initial reason you took the dog in. Including the cost of the second opinion which preferably you can have in writing (some vets are reluctant to opine against other vets...).

If the clinic refuses, then you have the choice of filing a suit. At that point there are many facts that come into play.

I hope this helps-

Good luck-

Nima Taradji

Read more
Answered on 1/15/09, 1:31 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois