This is a first in a series that spotlights veterinary victims' Tribute Sites that go beyond the story of their own tragedy to help educate others on matters of public concern, health, and safety.
The site: http://www.petmalpractice.com/
Site owner: Cindy O' Malley
Veterinarian: William Schultz, DVM, Schultz Veterinary Clinic, Okemos, Michigan
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The gauze that Schultz left inside Mulan during surgery
is surrounded by a growth the size of a cantaloupe. Photo:
Courtesy of Michigan State University.
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Mulan's Story is a detailed, compelling site that takes the reader step by step through what happened to Alaskan Malamute Mulan at the hands of William Schultz, DVM, of Schultz Veterinary Clinic in Okemos, MI. This is a story that just goes from bad to worse and the pictures are devastating. Mulan lived, thanks to the efforts of veterinarians at Michigan State University, but is forever and irreparably damaged by the piece of gauze left inside her during surgery by Schultz (photo at left courtesy of MSU).
Among other things, two elements make this site powerful:
Technology. The owner's meticulous documentation of the case, right down to the use of photography and video indicates the shape of things to come in documenting a patient's treatment and outcome. As savvier consumers start to use photos and videos to back up their entire vet mal experience, no doubt lawsuits will not only increase but will be accompanied by more visual evidence than ever. If pictures are worth a thousand words, pictures like these should be worth many, many thousands of dollars.
Further, the background and research that the site owner provides on the archaic 1919 dog laws of the state of Michigan regarding the worth of animals is a public service. Granted, most states' laws are equally archaic, but most people don't realize that, until they find themselves the victims of negligent vets and realize that the civil court system offers no protection to animals as anything other than property (chattel), and not usually very valuable property at that.
There are rare instances of animals achieving “intrinsic value” or “special value,” as in the case of Marc Bluestone in California who sued All-Care Animal Referral Center in Fountain Valley, veterinarians Robert Rooks and Craig Bergstrom for the death of his shelter dog Shane who had a market value of $10. In 2004, Bluestone won and was awarded $39,000 in “special value” damages (his legal fees reportedly topped $300,000).
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| Mulan, hooked up to drains to remove the infection. "Staphylococci was everywhere," according to the owner. Mulan survived. Photo: Courtesy Cindy O'Malley |
But the Texas Supreme Court recently ruled that pet owners in that state cannot sue for sentimental value, a giant step backwards for the state and a giant leap forward for vets who do whatever they want to our pets with virtually no accountability.
But the really juicy part of the site is at the top, right out of the chute. Like so many before and after her who dare to expose the negligence of a veterinarian to the public, O'Malley is threatened with a defamation lawsuit by Schultz's attorney Shirlee M. Bobryk of White, Schneider, Young & Chiodini, along with a threat of criminal prosecution for extortion. O'Malley shot back a wonderful response that I presume shut the attorney up because I see no further correspondence, although O'Malley states that Schultz has “even called without warning to threaten and harass me, because he didn't like this webpage and the truth being visible on the internet.” [Source: petmalpractice.com]
Unfortunately this kind of bullying is becoming more common as insurance companies and their lawyers are scrambling to deal with an increasingly informed public about what to do if you suspect malpractice. I think it's the old “the best defense is a good offense” ploy and nothing more, but when you have to resort to trying to scare the crap out of people with threats of criminal prosecution and ridiculous charges of "extortion," you have a vet and/or attorney who's obviously gone off the rails.
We love sites that expose the Jekyll and Hyde nature of some of these “nice guy” vets who, when exposed, summon the hounds of hell to go after a former client. Take my pet to someone like this? Not on your life – or the life of my pet.
But read Mulan's Story and decide for yourself.
The Takeaway for Owners/Guardians: Put that smart phone, camera, tablet, DVR, and other gadgets to good use by documenting your pet's treatment and outcome, along with getting copies of records after every visit. (NOTE: Check your state's laws for what you are legally allowed to record if involves another person; but take all the pix you want of your own pet on your own turf.)
The Takeaway for Vets: For being so allegedly smart, vets who think bullying and threatening their victims is the way to go are as dumb as a box of hair. According to O'Malley's site, she made repeated overtures to Schultz in an attempt to resolve this fairly and civilly, even waiting 15 months after the incident to put up a site in order to give Schultz the opportunity to “do the right thing.” Schultz apparently would have none of it. Here's a handy tip for vets thinking of treating a victim this way: Man up, put on your big girl panties, take responsibility for your words and actions, apologize for your mistakes, stop threatening your own victims, and stop siccing lawyers on people who've already gone through enough grief, loss, pain and suffering thanks to you.
Oh – and stop trying to control the Internet and our First Amendment rights. It's a lost cause. Don't believe me? Check out how well it worked for the jerk who killed my cat.
Related info:
"Good Dogs, Bad Medicine," Julie Scelfo, Newsweek, U.S. Edition, May 21, 2001.
"Texas Supreme Court rules against Fort Worth family whose dog was accidentally euthanized," Elizabeth Campbell, Fort Worth Star-Telegram, April 5, 2013.
