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[tonibraxton]

Folks, I have been in a civil lawsuit with regards to an animal case, malpractice. Basically, I brought my 16 month old dog to a vet for a simple eyelid correction on 10/1/2007.

I was asked from the vet permission to keep my dog overnight for supervision so my dog wouldn't paw at the sutures. (Simple eyelid correction). Naturally, I agreed. I expected to pick my dog up later on that afternoon. Located over an hour from my location.

The following morning, 10/2/2007 I was telephoned and was told be that my dog was dead and that she hung herself. I found an animal rights attorney in October 2007. In September, 2010 the case was settled in superior court.

Well, we couldn't come to the minds of an extremely strict confidentiality agreement. There was a conference all with the judge in April, the judge, again, gave specific instructions.

Nothing happened.

After 7 months, I chose to withdraw the case.

My attorney just received a complaint to the Ethics Committee from this vet, packed full of lies, including saying that the case is not pending, although it is. It came from the vet, not his attorney. We feel the judge has to intervene on this.

Can the defendant actually file a complaint to the ethics board? Even though the case is STILL pending?

He said that the case was fraudulent (although he settled out, but we couldn't come to the minds of a strict confidentiality agreement), he said that my attorney is extorting the insurance company (we are the plaintiffs), there is no insurance company to extort from, in fact, my attorney is doing all of this work at no charge, and he also claims that my lawyer vandalized his property, (if that were true, why wasn't it brought up in court? Why would she waste her time driving 1.5 hrs to his facility?) The case is pending. Again, he says it is not. What are your thoughts? I am being honest, the vet is lying to the court, and has been, and his attorney has no letterhead stating he wrote it that he is involved, although I am pretty sure that he is.

Isn't my attorney's license on the line???? He has been lying to the court since day 1. This will be 4 years in October.

Can't she file a defamation of character against this vet AND his attorney? Thank you so much!

This has turned into a serious nightmare. This case has become a complete obsession to the defendant and his attorney.

Thanks for your input.

By the way, the case was never about money, it was about holding the doctor accountable for what he did. He lied to me. My dog was 16 months old and died a horrific death by asphyxiation. I brought by dog in on a loop leash, a safety device. He put an unbreakable collar on her.

It cost more in experts than the settlement of 5k, because veterinarians are protected by the law of the Affidavit of Merit. I didn't ask for that, I asked my attorney if I should take it, and she said yes. So, I followed my attorney's advise.

[cadby]

You withdrew the case. WHY?

It is coming up RAPIDLY on the four year mark, which is the limit for most suits. You need to re-file NOW!

[blaisdell]

First, you can't have it both ways. You say you withdrew the case, then that it is still pending.

Second, an ethics complaint about a lawyer does not have to be made by a lawyer. Most states do not allow a complaint to be made concerning a lawyer representing the other side. It has to be the lawyer's client who makes the complaint, except in rare circumstances.

Since you do not identify the state the case was/is in, I have no clue what an "Affidavit of Merit" is, or why your lawyer would advise you to sign such a document.

[adalwine]

I dont think anybody here would be able to help. Maybe you can ask a lawyer on expresshelpline to help or give some advice. I used them before. Cheers!

[lathrop]

The defendant can file an ethics complaint anytime they want to, so can you or anyone else. I have never heard of an "animal rights" attorney. I do know that here in WA you would have a VERY difficult time finding someone to take your case. When you start talking about animal rights you start getting into danger territory with ethics concerns. Most animal related lawsuits aren't presented here on behalf of the animal, but rather on the emotional loss of the owner.

Not to sound calous, but legally speaking animals have no rights. The Constitution applies to Humans not animals. If your lawyer took the case and alleged the Vet violated your dogs rights then I can see where an ethics issue might come from.

Your lawyer should have taken the case based on your emotional well being from your loss. That would have been the appropriate way to handle it.

You need to prove malpractice. You would have to prove that the vet was negligent in the treatment of your dog.

I am curious as to how a dog hangs themselves though. I have never been in a single vets office where a caged dog could hang themsleves.

You need to refile your case. Also, have your attorney go after the vets license. If he put a dog unsupervised into a cage or pen with a leash then he deserves to lose his license. Every vet clinic in my area that keeps pets overnight has a staff member there 24/7.

Remember you need to approach the case from your emotional pain and suffering, not the loss of your dog.

I hope you get it resolved.

[taillefer]

And what do u expect from fighting this??? Dont u think its time to put it behind you and move on?Yes it was horrible, but all the time spent on this doesnt bring the dog back.It was a tragic accident.

[weiford]

If your lawyer can show damages on a balance of probabilities, and show that the vet's allegations were false/unfounded, then they can try for a defamation suit. This, however, might not be worth their while. (for example, if the relevant Law Society doesn't believe that the complaint is credible) Also, it can be unwise for professionals to file defamation suits, as this can draw adverse attention to them, even if they are correct.

Just let it go. Sometimes, you've gotta know when to fold them, even if you are in the right.