Injured - caused by my vet? Should i Sue?

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tinker88

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Hi,
Now my first statement would be .... im not that kid of person .... and its bothering me even considering the above actions... hence this post!

So this is my story


My new horse (17hh ISH gelding 5yrs) I bought unfit and fat last summer was to be my new hunter/eventer.

As I fittened him for the new season I noticed his heavy breathing - and my vet and realised that he needed a tie-back op.

The horse was scoped in November he was fit and still roaring (just humanly twitched him and vet scoped him in the stable) he was sent to Newmarket vets for the op in December, came home after xmas, with a view to being scoped 6 weeks after.

In the last week of the 6 weeks waiting time we were allowed to turn him into a small paddock/arena to walk/roll etc. for an hour a day, and previously to that he was on STRICT box rest (the op hadn't gone as planned :( )

anyway - I booked his scope back in with the local vet, looking forward to the day to see how his throat now was, and they cancelled that morning (issues with equipment) - they rebooked the following day.

I was at work this day but my step son (15yr) was at the yard all day and was to call me when they arrived. I got the call and rove to the farm, the vet was waiting outside impatiently (I had been 10 mins) his stable equipment ready to scope him.

So I put the headcollar on in his stable, she twitched him passed me the twitch and began to push scope up his nose, the horse was not happy.

1 min later he lept into the air and came down upon me.

I sliced my face 2" at the side of my left eye, blood everywhere, also bad swelling bruising to left knee (very bad!!) right arm, and massive black eye came out 2 days later - I looked right mess.

I now have not a very nice scar. it has been 4 weeks since this and my knee is still swollen, now for my job...... I deal and school horses and work as an accounts assistant.

Ive not been able to ride since the accident, and well attempted to do the horses (which now I have had to sell off and send home at ridiculous prices)

My back is shot at, and knee is terrible. and well I have a scar on my face too.

Now originally I was annoyed that MY horse rear and jumped on me.

but the more ive thought about this surely an experienced vet should have sedated him ? he was after all a 17hh horse that had been on box rest for 3 months apart from 1 hour the last week allowed to roll in the sand school?

Im annoyed at myself for not asking and questioning just twitching?!!!

but again I was excited, and rushing and never gave it a second thought til after.

an hour after the whole incident I was having a horse vetted for a customer (I didn't get chance to go to A&E - which I regret now because ive scarred worse) my step son did the vetting and this vet obviously what on earth happened to me. He was shocked to hear that they didn't sedate the horse - (but is this because this my effect the scoping)
but anyway he mentioned it and it got me thinking a little. I then saw this vet again last week and he said again im still surprised they didn't have an assistant and didn't calm the horse before attempting to scope a horse that had been on box rest for 3 months!

so - what would you do?

usually I would just think well it was my horse and its all part of owning horses.

but people have insurance for this -and surely as a safety part of it we should have had hats andgave the horse a calmer?
 
No.

I think this is a case of "these things happen". You can't go along looking to blame others for life's events. This blame culture stops us from actually taking a step back and thinking, there are other ways of doing stuff, our method did to work out but hey-ho, live and learn.

Just my two penn'orth. Feel free to ignore.
 
that mainly what I would do - and im angry that im considering this

but about 10 people have said OMG! you should claim. but I don't want to be one of those "people" (if you get what I mean) ive had 100's of horsey accidents and have scars all over but this was pretty bad and currently im now not earning and have a nice facial scar to go with it
 
Not the vets fault. You are the owner of the horse, you know it, you prob should have had a hat on which might have saved your face from being hit, def not the fault of the vet.
 
Gosh what a horrid outcome. All I can say is that I have had 4 scopings done and the horses were all sedated for these. It does sound very risky to me relying on twitching alone. I don't know if you are UK based or a BHS member, but I would advise you speak to an Equine legal helpline for advice. Good Luck.
 
No I personally wouldn't it's all part of owning horses. The horse had been scoped before and was fine so the vet had no evidence to suggest it would be different this time. Not all horses turn into fire breathing dragons when on box rest and you weren't worried about it prior to the examination

Edited to add, I worked with racehorses for a good while who were scoped on a fairly regular basis and none of them needed to be sedated.
 
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My horse tripped and broke my back. I am not earning, probably never will again (about to have third operation) so life is not pretty.

It happens.

I used to see it as a terrible thing that has made me totally rethink my life and future but actually maybe I needed to do something completely different.

I do sympathise with you, but I do think that folk are too easily wanting to "pass the buck" or blame or sue rather than just say it was one of those things.

Hindsight is a very accurate science.
 
I forgot to say within 2 minutes of all this happening the vet said oh is there any ice around here for that?! and then left

and I just assumed that sedating would affect the scoping result? but then the other vet said he would have scoped and that made me think....why didn't we? I wasn't aware that you could
 
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Unfortunately, veterinary science is still largely a matter of opinion, which is what you pay a professional for. You choose the professional and take the consequences.

Unless you can prove negligence, I think it would be a very expensive case where only the lawyers would win. Could you sue your lawyer if he lost the case? Of course not. Vets are sometimes keen to criticise others to boost their own business and of course "the customer is always right".
 
Every vet works differently. There are no hard and fast rules in surgery or practice.

His bedside manner could do with some improvement but tbh he is a vet not a nurse and has no duty of care to you. If he had treated you, he would've been struck off.
 
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The whole original idea of compensation is actually to help people like you - those who have been injured as the result of an accident to the extent it has prevented them from earning and affected their lives in a drastic manner. So, I don't think it's bad of you to be considering this - you've more of a genuine reason than those who claim because they can, even if their still working etc.

And from what others are saying (I have no experience of scoping) it certainly sounds like the vet has gone against the norm by not sedating.

Things to take into account:

Legal fees/costs - is it going to be worth it?
Black-listing - it is unlikely the vets will be willing to deal with you again. Are you happy to move to a different practise?

Might be worth speaking to your insurance company (assuming the horse is). All the policies I have had include personal injury insurance, so you may be able to get some help from their rather than having to go straight down the compensation route.

The next step would be to speak to a lawyer and gain their opinion of the case. Also, if you haven't, start pushing for specialist help from the NHS, particularly as regards the knee.

And if it's any comfort to you -

I have really bad nightmares, particularly the night before something stressful. Two years ago, I tossed violently and gashed my forehead open on the corner of the bedside table. Blood everywhere, not pleasant. It left a scar which was very prominant and upsetting for a while, but it has now faded and I don't notice. 1 month isn't a very long time - the scarring will still be very fresh, and you may find it fades better than expected.

I'm not a doctor or anything, I just thought it might give you a little bit of help.

Good luck with whichever route you choose to take.
 
No, these are the risks. I've never known any horse to be tranq'd for a scope. I also don't like the fact you put in your post about the vet not being happy to wait. It's alluding to the fact she may have taken a short cut and thus the reason you got hurt. Not true.

These things happen. Go ahead and sue. Wait ages for your claim. In the meantime there will be quite a few vets that won't come to you. Word travels. They may also insist they bring an assistant and that you would not be allowed to hold your horse during any procedure. They will always be looking to covering themselves when dealing with you.

Why can't you work? Because of the horrible scar or knee? Bruising and swelling. I'm sorry it's not nice but you need to deal with it. These things happen when you have horses. Unless you're a glamour model you should be able to work.

Terri
 
tinker88 said:
I forgot to say within 2 minutes of all this happening the vet said oh is there any ice around here for that?! and then left
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What else did you expect them to say, common decency and all that?

FTR, I agree with others, your horse so even if you were flustered at the rush home (which would have passed to horse) you should have queried it yourself at the time. It had been scoped before with no problems, why should they assume there would be any then beside, people are far too keen to dish out sedation when it's not always needed and they can be like ABs, too many times and you begin to need more than normal to have any effect.

Think of it as an honorary scar gained in battle, it doesn't change who you are and if you deal/school for others, surely you have an accident policy to claim against although at the same time they might query why you weren't wearing protective clothing to deal with it as a matter of course?

Such common sense from Terri as usual.
 
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Dry Rot said:
Unfortunately, veterinary science is still largely a matter of opinion, which is what you pay a professional for. You choose the professional and take the consequences.

Unless you can prove negligence, I think it would be a very expensive case where only the lawyers would win. Could you sue your lawyer if he lost the case? Of course not. Vets are sometimes keen to criticise others to boost their own business and of course "the customer is always right".
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^^ All of this. We have had horses scoped without sedation before, just depends on the horse. Although the vet will usually ask if I think the horse will need sedating. I think as the owner you have to take some responsibility, if the horse had injured the vet would you expect them to sue you? These things happen and personally I really don't think you'd get anywhere, especially as in the eyes of the law you're responsible for the animal concerned.
 
I am sorry that you got hurt, OP, but as others have said, accidents happen and I would not be looking to sue. We all know our own horses, some are stoic, others are not. If a vet is coming to do anything at all that I think will upset a horse, I always ask for it to be sedated. Better for the horse, avoids any issues in the future and is safer all round.
 
Pippin79 said:
^^ All of this. We have had horses scoped without sedation before, just depends on the horse. Although the vet will usually ask if I think the horse will need sedating. I think as the owner you have to take some responsibility, if the horse had injured the vet would you expect them to sue you? These things happen and personally I really don't think you'd get anywhere, especially as in the eyes of the law you're responsible for the animal concerned.
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I wasn't even aware that you could sedate. I assumed it would effect the result if the horse was snoozy.

I wasn't given the option either way.

and yes I poss would expect that the vet would sue if they couldn't earn if my horse had stopped them working. that's why we have 3rd party?

as I said im not the type of person to "sue" anyone and to even contemplate it but everyone I know and having seen my injuries are suggesting I do. I just really don't know.
 
The first thing a defence lawyer will ask you was why weren't you properly attired before handling the horse (i.e hard hat, gloves, boots).

Sorry you got hurt, but I don't see how you can hold the vet accountable.
 
I think for the checking that the vet needed to do, it has to be done without sedation. My boy had an op for an epiglottic entrapment and a displaced soft palate and had to be scoped a month after the op to check that all had healed. If they are sedated, the soft palate drops so the vet needs it to be in the normal place to check all is fine. Not only was my boy not sedated for his follow-up, but he had to be thumped hard in the chest to make him cough too... :( Not nice, but all is fine and he had healed perfectly (and he forgave everyone!!).

So although you have had a horrible time, I don't think the vet acted inappropriately, sorry.
 
Coblover63 said:
I think for the checking that the vet needed to do, it has to be done without sedation. My boy had an op for an epiglottic entrapment and a displaced soft palate and had to be scoped a month after the op to check that all had healed. If they are sedated, the soft palate drops so the vet needs it to be in the normal place to check all is fine. Not only was my boy not sedated for his follow-up, but he had to be thumped hard in the chest to make him cough too... :( Not nice, but all is fine and he had healed perfectly (and he forgave everyone!!).

So although you have had a horrible time, I don't think the vet acted inappropriately, sorry.
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this was my school of thought, I just assumed that it would effect the examination? if so then its just one of those things ..... but the other vet, and many other people have said otherwise.

I guess firstly it should have been explained that he could or couldn't have a sedation.
 
Are these actual horse people commenting or people who think they're horse people commenting? Or people who don't deal with horses? Because I don't know one real horse person that would suggest you sue for damages. And you school and start horses. Surely you know the risks. My life is horses as well. If I get hurt that's kind of the life I chose. But then again I also continued galloping racehorses with a broken wrist and another time with a broken foot. So I'm probably not one you want giving you advice on the matter.

Terri
 
By the way Beastie, your reply is exactly what was in my head. 17 hands and ISH. Never seen a breed turn as quick or without warning as those. My personal experience.

Terri
 
No. You should know the risks of working around horses and had the option to be wearing a hat and gloves.
Accidents happen, who's to say if the horse was sedated it wouldn't have fallen against you etc? Anything can happen, it's a risk sport.

Sorry you're hurt but its not your vets fault
 
Equilibrium Ireland said:
By the way Beastie, your reply is exactly what was in my head. 17 hands and ISH. Never seen a breed turn as quick or without warning as those. My personal experience.

Terri
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It wasnt a slur on ISH at all EI, It could have been 17hh of TB or 17hh of WB and still done her a sore one. All the ISH's I have met have been substantial though :o, wasnt a slur on their temp, any horse even a pony could do you a sore one going up hitting you with a shoe on the head and coming down on a leg.
 
tinker88 said:
I wasn't even aware that you could sedate. I assumed it would effect the result if the horse was snoozy.

I wasn't given the option either way.

and yes I poss would expect that the vet would sue if they couldn't earn if my horse had stopped them working. that's why we have 3rd party?

as I said im not the type of person to "sue" anyone and to even contemplate it but everyone I know and having seen my injuries are suggesting I do. I just really don't know.
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I have known many vets get kicked by a horse they were dealing with leading to broken arm/leg etc time off work and not one of them would even think to sue. ACCIDENTS HAPPEN! One of those things.

I think as the horse was scoped without sedation first time, I think it was reasonable to assume the same again. Sedation does affect the scoping, so it is preferable to try without, unless the horse is known to be difficult. If the horse had been so difficult to deal with on box rest and changed behaviour, I think it is up to you to alert the vet of this and advise them that it might not be so easy second time round. *Gets back in box*
 
No Sorry this has happened. I had one scoped last year by Minster and they didn't sedate the vet was really good with him. Also had my cob scoped without sedation but he was very ill poor lamb.
 
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