Veterinary Doctor's Unlicensed Surgery on Cat Leads to Cat's Critical Condition and Owner's Lawsuit for Compensation
Becoming a 'cat butler' has become an increasingly popular life goal for young people, and caring for 'master' cats is the purpose of every cat butler. With the development of the 'cat industry', pet hospitals are springing up everywhere, and pet doctors have also become a lucrative profession. However, if a pet doctor does not have a medical license, then their 'master' cats…
Event protagonist: Xiaopibao, a tabby cat, male, about 2 years old
Image source: Network
On October 1, 2019, Xiaopibao's cat butler decided to take him to a clinic for neutering. Previously, the cat butler had consulted with A Pet Hospital about the neutering procedure. A hospital staff member said it was perfectly OK to make the call, and the cat butler took Xiaopibao to the hospital for the surgery.
The cat butler chose A Hospital's best neutering scheme for Xiaopibao's surgery. That day, after the surgery, the hospital staff put a collar on Xiaopibao and told the cat butler that Xiaopibao was doing well, butIt cannot be licked by himNo need for intravenous fluids, can take him home, 3 days to return for follow-up and medication changes.On October 4, 2019, the cat butler took Xiaopibao to A Hospital for a follow-up and medication change, everything was normal.On October 7, 2019, Xiaopibao developed
Loss of appetite, inability to urinate, uncontrollable urination
symptoms, the cat butler took Xiaopibao to A Hospital for a follow-up,Bathed, cleaned the wound. During this time, the cat butler confirmed that Xiaopibao had licked the wound.Xiaopibao almost fainted!On October 10, 2019, the cat butler entrusted a friend to take Xiaopibao to A Hospital for consultation, the hospital diagnosed Xiaopibao withThe wound was infected, and a surface inflammation treatment was performed,So far, the cat butler has spent a total of 1455 yuan at A Hospital.
The same day, the cat butler's friend took Xiaopibao to B Pet Hospital for a consultation, and performed an emergency surgery twice.
The medical records showed that Xiaopibao experienced infection in other hospitals, and during the surgery, multiple places in the intestine were found to be dead, the right side of the kidney was damaged, a large amount of muscle and soft tissue damage, the bladder was multiple adhesions, the ureter was damaged, the abdominal wall muscle was extensively necrotic, widespread subcutaneous fat liquefaction necrosis, sepsis, high risk, imminent death.The operation discovered and removed a suspected testicle (right side). The critical care record stated that in other hospitals, the abdomen was operated on, the post-operative infection was 10 days (abdominal), currently severe infection, sepsis, severe emaciation. On October 23, 2019, Xiaopibao was discharged from B Pet Hospital.So far, the cat butler has spent a total of
32479yuan.On October 11, 2019, the cat butler communicated with the surgeon at A Hospital via WeChat and confirmed that during the vasectomy surgery, no internal testicle was removed (the vas deferens was tied),
That night, the cat butler went to A Hospital to negotiate compensation without success, and there were no surgery personnel with a veterinary medical license, asking for it to be presented did not result.The cat butler took photos of the defendant's operating room and the entire hospital as evidence. The operating room equipment was chaotic, and he suspected that the castration surgery did not follow sterile principles.
On October 13, 2019, the cat butler again went to A Hospital to negotiate without success, confirming that the surgeon at A Hospital did not have a veterinary medical license. The cat butler took Xiaopibao to the court of Hangzhou Economic and Technological Development Zone for legal handling to protect his rights.The court ruled thatThis case is a pet medical dispute, pets should be treated as property, belonging to the pet owner.
This case is a property damage compensation dispute, which falls under an action for infringement,The principle of 'one initiates, one provides evidence' should be applied. Both parties must bear the burden of proof for their claims. In this case, the plaintiff claims that the defendant's staff has no veterinary medical license and that the pet cat's surgery failed. The defendant acknowledged that the defendant's staff has no veterinary medical license, but said that the loss of the pet cat is the responsibility of the plaintiff and has nothing to do with the defendant.The court ruled that for the cat butler's pet cat to undergo castration, the
defendant's staff has no veterinary medical license, and the defendant did not have any medical record or medication details during the surgery, which is a mistake. The plaintiff did not follow the defendant's instructions to take care of the pet cat,
causing the cat to lick the wound, the plaintiff also made a mistake, and the plaintiff's expenses for treating the pet cat in other pet hospitals were reasonable or appropriate, and the evidence was not sufficient.
The court considered the plaintiff's actual losses, the mistakes of both parties, and the price of the cat when the plaintiff bought it, and prudently determined that the defendant should return 1455 yuan to the plaintiff, and compensate the plaintiff 16000 yuan.According to 'Article 6 of the PRC Law on Civil Responsibility' and 'Article 26 of the PRC Civil Procedure Law' Paragraph 1, the following judgement is made:One, the defendant A Pet Hospital Co., Ltd. shall return 1455 yuan to the plaintiff within ten days from the effective date of this judgment;
Two, the defendant A Pet Hospital Co., Ltd. shall compensate the plaintiff 16000 yuan within ten days from the effective date of this judgment; Three, reject the plaintiff's other litigation requests.
Source: Zhejiang Tianping WeChat public accountSpecial notice: Copyright belongs to the original author and original publisher. The content shared is the author's personal opinion, for learning and reference only, and does not represent the views of this number.
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