Mulan's Horror Story
Why Michigan Law is inadequate and behind the times,
and Dr. William Schutz, DVM - a veterinarian who won't take responsibility for his life-threatening mistakes.
On 12/26/2008 Dr. Schultz of Okemos, Michigan did an emergency c-section on our show dog Mulan. She had a puppy stuck sideways in the Y of the uterine canal that prevented labor from progressing. Up until the c-section, Mulan had been healthy and happy.
Eight months after the surgery Mulan was admitted to MSU for life-threatening pyometra-like symptoms which turned out to be caused by a gauze left behind by Dr. Schultz during the c-section. She suffered intense pain for 8 months and couldn't tell us, while her body produced a huge growth of tissue around the gauze, attempting to isolate the infection. Being a stoic malamute, we had no way of knowing until the infection became life threatening and she was close to death because unfortunately, dogs can't talk and tell us when they are in pain.
MSU saved her life, but Schultz and his insurance company disputed the claim because MSU spayed her to save her life by removing the cantaloupe sized growth that grew around the gauze he left on her uterus - that almost killed her. They felt the vets at MSU should have pieced her uterus back together - even if it was so damaged and infected by staphylococci it may have killed her to do so. Due to the great care at Michigan State University's Clinic, Mulan lived. 
Thanks to Michigan law, and similar laws like it around the US and Canada - it doesn't matter. The law as it stands, does not protect Mulan or any dog when a veterinarian or any professional gets sloppy. The law states they are just "chattel" - akin to a chicken, a goat, or other easily replaced livestock. There is no acknowledgement that to most of us, our pets are like our children and are family members. The law needs to be changed. While animal rights groups go too far demanding "guardianship" which would effectively make having pets expensive and impractical...we propose a new category - somewhere between children and cows...a special category specifically for our beloved family member pets. In some states this has been classified as "sentient property" or that property has "intrinsic value". This would protect the animals we love - the dogs and cats that live in our homes, service dogs, and working dogs that help provide income for their owners (such as herding sheep or guiding the blind). The way the law now stands - a blind person can spend thousands to get a service dog that their life and livelihood depends on...but one veterinary mistake that maimes or kills the dog - and the owner has no recourse. The veterinarian is ONLY liable for vet bills...and that is difficult and costly, if not impossible to collect. But how about a dog that took years and thousands to train for a special roles such as police dogs, herding dogs, assistance dogs, show dogs...and what about companions to the elderly or a child's beloved pet? In essence, there is no accountability. People and dogs are being damaged daily but the way the law stands, there is nothing they can do about it. This needs to change NOW before another family member is harmed!
Mulan, a young wonderfully temperamented girl, healthy and a great show dog will never be able to be shown or have puppies again. And Schultz and his Insurance company, CNA, have paid nothing toward the medical expenses or damage, and can literally fly away from all the suffering he caused Mulan and the financial hardship to our family and continue practicing veterinary medicine. In fact, they can harass the victim through the court system so that it becomes incredibly expensive and emotionally draining to try and obtain a fair settlement. This should not be, but the law allows it. It protects bad veterinarians and animal abusers, and hurts pet owners.
I consulted an attorney when the insurance company that represents Dr. Schultz refused to talk to me directly. His malpractice insurance carrier, CNA Insurance is the 7th largest Insurance company in the U.S. and is mainly owned by Loews Corporation ( a company that owns offshore oil and gas drilling, and major hotels) so I guess they can afford to intimidate a little guy. They were also recipients of some of that government bailout money...but apparently it's not so they can pay legitimate claims - even to humans. When they got tired of dealing with me asking for a fair settlement (and I wouldn't back down from their harassment), Schultz got his own attorney to harass me. She went so far as to threaten me with a arrest from a false police report for "extortion" because I want him to pay for the damage he has done to Mulan.
In an attempt to get her hospital bills paid, and recoup some of the damages, I soon discovered I'll have to change the law at the Michigan Supreme court level just to be minimally compensated. So far all that is happened is CNA and Schultz have argued one minor point after another to delay payment (such as the argument that MSU should have pieced the infected tissue back together). Meanwhile the unpaid balance sits on a credit card, wracking up interest charges. Suing for damages is difficult because it's almost impossible to find an attorney that understands "dog law" - much less the complications malpractice, tort law, libel laws and fraud law. Had he done the right thing, this would be settled and I may have even continued to go to Dr. Schlutz - but knowing what I know now - why would I go to a vet that would harass and threaten to sue me? It's like a rapist attacking the victim. Is that ethical?
Insurance companies count on this. They love the law the way it stands because they can stall, delay, intimidate and lie. Yes, lie. Schultz himself admitted his negligence on the phone TWICE, and said it would be taken care of. Now he hides behind his insurance company and plays innocent like he doesn't know they aren't paying the claim. He is in denial even though there is ample evidence - photos, medical reports, even video that he did this. He's even called without warning to threaten and harass me, because he didn't like this webpage and the truth being visible on the internet.
Michigan law is supported by lobbyists and special interests that protect bad vets and insurance companies at the expense of the animals they harm. Veterinary malpractice is handled nothing like human malpractice where there is some compensation for the pain, suffering and damage caused. Veterinary malpractice is handled by offering a token settlement and coercing the recipient to sign away their legal rights, through threats and intimidation - even when there is a rock-solid case that the vet was grossly negligent. The insurance company said they would pay for a portion of the actual vet bills (minus attorney fees - necessary just so I could "talk" to them) but to do so they want me to sign a gag order - signing away my rights to free speech and legal rights to complain to all governmental agencies that protect the consumer. I would be prohibited from even speaking about it to another pet owner - even my own puppy buyers. And it would end the investigation by the Michigan Licensing board that is investigating limiting or canceling Schultz' license and force me to pay HIS attorney fees defending the investigation. Of course they want me to sign!
While a few states have changed their laws and gotten the status of pets changed so owners can be compensated and vets are made accountable - Michigan and the majority of U.S. States and Canadian Provinces have not. Michigan is ruled by a law created in 1919 that essentially says your beloved pet is "chattel" - a piece of property like your VCR or cell phone. It assumes the animal can be replaced by another without regard to the emotional attachment you may have to your best friend or the fact that the animal was extensively trained for a specific purpose (such as service dogs or show dogs). Even if your pet is killed, all you can recover (good luck doing it) is the value of the animal's medical bills. If your pet was killed by a $10 prescription, that's all you'll recover as "damages" according to the 1919 dog law. If lucky, you might even get the value of the dog (for a mutt that's maybe another $10). I was offered $7,500 for vet bills and interest ONLY because it's so well documented that if I were to go to court, I'd likely win - or they wouldn't have offered anything at all. My attorney fees would come out of that and after a year, they are substantial. That would leave me with much less than I paid to save her life - actually a pretty decent settlement under Michigan's terrible laws - IF they didn't want me to sign a ridiculously restricting gag order that infringed on my constitutional right to free speech too.
I am putting this online because I thought Dr. Schultz would do the right thing and he hasn't. I waited 15 months before putting up this page about what went wrong and why the Dog Law of 1919 is bad. I really didn't want to embarrass him and would have thought in that time he would have taken care of the damage done. I would have thought it would have been resolved quickly - after all, the evidence is obvious. At one time he was my favorite and most trusted vet...but all that changed when he didn't man-up to some serious mistakes - a dead top show dog, a maimed show dog and lots of bad advice and expensive "reproductive expert" bills that didn't bring about the desired results. He is calling the well-documented claims "doubtful" and "alleged" and is threatening to sue me because I am telling you. He has fabricated lies to harass me (saying I am spreading rumors of his retirement, or that somehow I damaged his business when only he can do that by leaving gauze in dogs). He said I was spreading rumors that Mulan had died - and I first heard these false rumors from him.
His is trying to wiggle out of reimbursing us for the severe damage his negligence caused to our breeding program - not even considering the pain and suffering Mulan went through, the anxiety and emotional distress I felt over almost losing my special girl, or the financial damage done to our family. She likely nursed her puppies in a huge amount of pain and came close to suffering seizures, heart failure and more. Fortunately, the State of Michigan is now investigating restricting or revoking his license...we hope to hear something shortly. I hope they do the right thing. I am told they are quite behind in the paperwork...I hope it's not because there are that many vets with complaints!
On Nov. 12th I received the above threat in a letter. My response to that letter is here. Then, Nov. 22nd I received a 2nd threatening letter [my comments to their "lawsuit" are included] ..and this one takes the cake because it appears to be trying to smooth over the fact that the first letter was quite unethical for an attorney to send. Asking a client to file a false police report is unethical because that's a felony. They then started back pedaling and being so kind and generous as to ALLOW me to keep my constitutional right to free speech and to ALLOW the state investigation to continue...how nice of them. But he still hasn't taken care of the damage caused to Mulan and our breeding program.
Unfortunately, they still didn't get it. They were telling me I've agreed to their $7,500 "settlement"...I did???? Where did I sign???? Nooooo, I haven't agreed to ANYTHING. Then they throw in a draft of a lawsuit filing that makes all kinds of false statements and omissions. My favorite is how I supposedly gave Star steroids on my own and stopping them caused the seizures...no mention is made of how I called Dr. Schultz at his home at 10:00 pm and he said use steroids in spite of my apprehension.... Then, best of all, they want me to allow Dr. Schultz to censor this page when I settle for the amount they are telling me I agreed to (and what amount would that be since I have agreed to nothing???). Perhaps that's so he can be made to sound all warm and fuzzy....no, the truth is painful. Even for me. Here is my response to the Nov. 22nd letter. [note some numbers have been XXXXX'd out for legal reasons]
This is a vet I trusted my dog's life with and it was compromised due to gross negligence. I've been harassed by foot-dragging and threatening letters and phone calls...but I'm supposed to just take their manufactured version of the facts and agree...NOT going to happen! When will they learn you can't just make up the truth you want. The point is, while Star was in my opinion, another serious mistake by Dr. Schultz - we are talking about MULAN here...Mulan is the reason for this whole thing. Schultz left gauze on her uterus, it became septic, she was spayed to save her life with great damage to our kennel and breeding program. Don't obfuscate the facts.
Did you know Dr. Schultz is NOT certified to be a canine reproductive specialist? I didn't either, because he tells everyone he is.
In doing my research I discovered some new things - did you know that Dr. Schultz (nor anyone at Schultz Veterinary) is a Canine Reproduction Specialist as he so claims to dog breeders that walk in his office? According to the American Veterinary Medical Association (AVMA) it is unethical for veterinarians to identify themselves as members of a AVMA-recognized specialty if such certification has not been awarded. They must be either a Diplomat or certified by the College of Theriogenology and Dr. Schultz is neither. He is nothing more than an average veterinarian with a big ego. He has no board credentials whatsoever. So he has perpetrated a fraud on the public - as most dog people were led to believe he has credentials by Schultz himself.
To make you think he has creditentials, he's joined the SOCIETY for Theriogenology and puts lots of certificates on the wall.... but the society is essentially a club - like a Stamp Club or Fraternity. It bestows no more than being around people who like doing the same things. Personally I feel this is deceptive and misleading. Maybe he was hoping we wouldn't notice, or knowledge would somehow "rub off" on him. Apparently it didn't or he wouldn't have left a piece of gauze in Mulan for a simple c-section surgery!
So as of 12/16/2010 I have filed a complaint asking for a jury trial before the statute of limitations runs out
On December 16, 2010 I had to finally file a lawsuit against Schultz after waiting a year and a half for him to do the right thing and take care of this like a man. Instead he has weaseled and bluffed, threatened and harassed me. His attorney is foot dragging and AGAIN demanding puppy contracts, pedigrees, and show wins...everything they already have, but are asking for again apparently in the hopes of dragging it out past the statue of limitations. I also had to file a complaint with the State Bar against his attorney for threatening me -- a serious breech of ethics. So I guess when you're unethical, you find unethical attorneys....Shirlee M. Bobryk of White, Schneider, Young & Chiodini, PC should know better....
I am finding that finding an attorney that understands "dog law" is difficult to find. It's also not very profitable. When I wouldn't sign the gag order my previous attorney gave up - even though he knew he was telling me to sign something that was not in my best interest. I am also hearing through the grapevine that Schultz has been giving lots of money to MSU of late....perhaps to make sure no one will testify against him? And now I find out the gauze growth stored in the jar at MSU was thrown out even though I was requested it not be. Good thing I already have all the records or perhaps they would have "disappeared" too....Dr. Schlutz, maybe you should donate your AIRPLANE (yes, he has one) to MSU if you're going to make so many convenient donations to "help" animals....
So we are going to court.
It will no doubt be an uphill fight since they have used every dirty trick in the book and the court system is bound by antiquated laws and the whole perception that pets are unfeeling, inanimate property - commonly known as "chattel". My sincere wish is that somehow we can prevail against all odds (even though we have ample evidence, the system is corrupt and stacked in the vet's favor) and set precedent so the next time this happens (and it may be your pet) you will not have to go through what we are going through. I am asking for your support as the court date is approximately 6 months away, filled with expensive briefs, motions and testimony. As of this writing we are going to court - Schultz' attorneys have asked for the same documentation over and over to stall in an attempt to frustrate us no doubt. Fortunately I now have a very good attorney on the case and we are going forward.My complaint is for: Malpractice, "property" damage (thanks to the 1919 law - though I am asking the court to consider that Mulan is a thinking, feeling creature), breech of contract (you expect a "reproductive specialist" to know how to do a c-section), unconsented contact (a legal term for harassment by telephone), harassment (which covers his attorney's harassment and the threats), Fraud (since he really has no certification to call himself a specialist....), trespass to chattels (another legal thing meaning he had possession of Mulan in the operating room and while there he caused damage to her), a request for punitive damages since Dr. Schultz thinks so little of his patients as evidenced by his reckless conduct and harassment, and pain and suffering even though it's not called for in the 1919 dog law. A recent ruling in Texas has allowed for sentimental value of pets - so there is always hope! We can change the law.
Their response: deny everything or pretend they don't know...no surprise there. Most interesting part though is they admitted he does not have and special certifications as a repro specialist.
The Evidence...
(some documents require Adobe PDF Reader to view)
Photo Courtesy of MSU Veterinary Clinic
The gauze embedded in a growth that her body grew to try to protect her life. It was the size of a cantaloupe and was growing very close to her spine and vital organs. Can you see the gauze there in the middle?
Photo courtesy of MSU Veterinary Clinic
While the growth was at the entrance of the uterus...Schultz Veterinary felt that they should have pieced her back together, regardless of whether it would have killed her or not. Staphylococci was everywhere.
Mulan hooked up to drains that allowed the infection's poison to exit her abdomen. The incision was almost 2 FEET long - the length of her entire abdomen - in order to rinse out her organs. There is no provision in the 1819 Dog law for pain and suffering...though she was in a LOT of pain and suffered greatly before and after surgery to remove the gauze. She was shaved over some 40% of her body. With her uterus removed, she can no longer be shown even though thousands were spent training her for the show ring and she has points and awards from American Kennel Club shows. She comes from a long line of top show dogs and was just beginning her career. (links: wins, pedigree)
This isn't Dr. Schultz' only mistake....it becomes a habit when there are no repercussions.
In 2004 Dr. Schultz of Schultz Veterinary Clinic performed a pyometra surgery on another of our dogs, Star and discovered she had multiple cysts on her ovaries. Later she developed bacterial meningitis because she was not given proper antibiotics when sent home. On top of this, when it worsened, Dr. Schultz, in his arrogance first gave her less effective antibiotics, then gave steroids to mask the symptoms. Steroids are used for for viral meningitis, NOT bacterial meningitis. Steroids mask the symptoms of a bacterial meningitis and allow it to become worse. When confronted with the fact the bacteria may have come from the pyometra surgery, he said, arrogantly, he felt that he couldn't have caused this therefore it must be viral. Star died, violently seizuring and in great pain in a strange veterinary office. Dr. Schultz’ administration of the steroids hid symptoms and delayed administration of the proper diagnosis and antibiotics.
Because Schultz is a reproductive vet, we sought his opinion on the status of two males having testicles descended. He assured us they were there and dropping. Neither male produced 2 testicles upon adulthood. One has been neutered, the other will be going in for surgery soon. A male without 2 testicles cannot be shown so this also has caused damage to our breeding program. We kept males we wouldn't’ have otherwise on his advice and “expertise”.
On two occasions (approximate 2006/2007) we sought Schultz’ expertise to do artificial inseminations of a bitch we wished to breed. He collected sperm from the male and it was noted that the male’s sperm was abundant and viable. However, the bitch did not conceive likely due to Schultz’ inadequate technique. We were charged thousands for this service that did not produce any offspring as promised. (He told us he was the most experienced and best at obtaining results in this area and again, and claims to be an expert in canine reproductive techniques). No testing was suggested or done on the bitch to see if she was fertile. In hindsight, this probably should have been done first.
Back to Mulan’s surgery:
Received blood chemistry reports and based on some of the levels I now realize how close she was to seizuring, having a stroke, or dying immediately. Certain levels indicative of this were sky-high. I also received the photographs of what they removed (above) and the surgical report after repeated pestering. Malamutes in general are adept at hiding discomfort in a pack situation, but this was amazing. Dr. Guiot has the growth with gauze in a jar on his desk. They wanted to know if I wanted it sliced into little pieces and checked (not sure why they want to do this) and I told them no, wait until I find out how Schultz’ insurance handles this. MSU was told to keep it available and intact. I was told they would do this.
I assumed Dr. Schultz will do as he promised and reimburse expenses and compensate us for the loss of the ability to breed or show Mulan. He has NOT. In fact, he has continued to hide behind his insurance company which hides behind Michigan's antiquated 1919 Dog Law that says our pets are chattel and have no feelings or much value. Dr. Schultz is fully aware of the value of a show dog as that is a large part of his clientele since he advertises himself as a “Reproductive Veterinary Specialist”. He advertises himself as an expert in Canine Reproduction and charges more than a typical vet for reproductive services (example: Schultz Veterinary was paid $1,155.50 for this c-section surgery – triple what a non-Reproduction Specialist vet would charge (I have the receipt for her sister for $400). I went to Dr. Schultz because of his supposed expertise. I was told by others if I try and recoup my expenses and loss he will no longer see our dogs and will try and get out of paying damages. He has done EXACTLY this. We have frozen sperm stored with him and were told it will be destroyed even though he owes us in damages, far more than the $80 for storage. This also impacts our ability to breed quality dogs.
I've been threatened, lied to, and intimidated - they want me to go away. I was told by Dr. Schultz in one of his many threatening phone calls to us that he would sue us for slander...but these events are true and meticulously documented below - the defense for "slander" is the truth, and this is the truth.
Some 'excerpts' from an email showing just how ignorant the insurance company investigators are:
(this was not encrypted, it went through thousands of servers and could be read by anyone - therefore is not "private" just in case you're wondering)
You advised that you would be sending proof of the dog's pedigree and what puppies from previous litters sold for. I will forward your demand to claims, but I suspect that they will have to reject it. If we were to pay all medical, the claim would be about $10K. As far as lost income is concerned, if the most generous estimates are used, I am not able to understand how you arrive at a number over $4,500. These dogs are only bread every other year and after 7 years of age, they are no longer bread...
They were provided the puppy contracts and pedigree. It was planned that we would breed (not BREAD which is a food item) Mulan at least a couple more times due to her 
outstanding temperament. Often malamutes are not bred every other YEAR, but every other SEASON - we don't do this, but it's very common. She is obviously confusing her terms. Jazzy had 11 puppies so it is totally conceivable Mulan might have that many in a future litter. The average litter size is 6-8 in the Alaskan Malamute, depending on how closely line bred they are. Dogs can be bred, according to the AKC guidelines up to age 12. Obviously you'd run into fertility issues before that, but Penny's mom Natasha was bred by her breeder at 9 years of age and produced 9 puppies, of which 7 lived -- which is quite a bit older than 7 years of age and they were all registered with the AKC.
There is no physical evidence of anything surgical left in the dog's uterus. Infection is a normal surgical risk that can occur absent malpractice.
Judge for yourself in the above photos. Do YOU see gauze? The MSU surgical vet Dr. Guiot saw gauze. They MUST be blind if they can’t see the gauze in the photographs or read a surgical report. If there is any doubt, the growth is in a jar at MSU preserved with formaldehyde. It is obvious to any lay person that she was not born with gauze in her uterus. It is not “alleged” – it happened and they need to admit it. The purpose of this page. I want justice for Mulan and to keep other dogs from being harmed.
Your client failed to take the dog to the vet when nearly a year passed with no menstruation. This is comparative negligence
Last time I looked, August is the 8th month in the year...and the c-section was Dec. 26th....so it wasn't a year. A dog is not going to have menstruation because it’s called a “heat” in dogs – menstruation is a human term because it happens monthly, not every 6-10 months like dogs…they are NOT humans and only ovulate with a heat season every 6-10 months…we took her to the vet when problems developed at 8 months, well within the time of the next expected heat….this person is obviously an idiot and can’t tell a dog from a human.
There is no evidence that other less extreme treatment options were attempted by the other vet as the standard of care requires. We would file a notice of non-party at fault, likely necessitating their addition.
The treatment was fully reasonable since it was done by MSU – a teaching hospital with top experts in the field of veterinary medicine. Are they saying Schultz, who has made many mistakes including leaving gauze in a dog during surgery is more knowledgeable than MSU? There are no less extreme options when someone leaves gauze inside and she becomes septic. The infected tissue had to be removed and the infection removed from the rest of the body cavity. Anything less would have killed her. Star died seizuring because of similar "less extreme treatment options" done by Schultz.
Your client has a duty to mitigate.
This client did mitigate. What else could be done? There was no reason to take her in to the veterinary hospital as she showed no outward symptoms until the infection escaped the mass that enclosed it. She was at a vet office in February for a routine exam and rabies shot and they saw no symptoms or signs of infection at that time. If they are referring to patching her back together with infected uterine tissue - that is totally unacceptable. I suppose they would have preferred her to be dead, as it would have been cleaner – no pesky breeder upset about losing the ability to have puppies from their beautiful show dog. I think it’s pretty sick that a veterinarian would prefer the dog DEAD so his insurance didn't have to pay out as much.
As I understand, the dog is still alive, but can no longer have puppies. She was 4 years old at the time, so one (1) more litter was expected. I need to know what the puppies from the previous litter sold for so we can consider that as a measure of damages. You can establish this by sending me copies of the puppy sale contracts, which I'm sure your client would keep to enforce sterilization agreements. If Ms. O'Malley purchased another female dog to bread, please provide me with that contract so we can consider all expenses.
Again, her information is faulty regarding how often a dog is bred - that is a purely individual decision based on the breeding program and dog. I did not purchase another dog mainly because our lines are unique and this would not be helpful to our breeding program. This is an idiotic argument anyway since every dog’s genetics is unique and due to Schultz leaving the gauze in her, we are no longer able to breed Mulan for those genetics. Again, another stall tactic asking for information they already have been provided.
In that correspondence, I indicated that I need documents to submit to my claims handler. I have the vet records from Michigan State, but I do not have their bills. Although my previous e-mail mentions all medical costing around $10K, this was based on our conversation rather than any proof that I can submit to claims. I need copies of any bills that she wants paid. I need all bills that she claims are related.
The attorney supplied them with all medical bills and documentation. This is apparently a stall tactic - keep asking for things you already have, delaying long enough in the hope we'll go away or statue of limitations will run out. There is no statue of limitations on veterinary malpractice only because it is not addressed at all in the Michigan Dog Law of 1919...human statute of limitations is 2 years - their plan is apparently to drag it out as long as possible.
If you are claiming emotional damages or pain and suffering, these will not be considered since Michigan law clearly does not provide for this even in the case of the death of an animal. Also, it appears that your client has been harassing Dr. Schultz and spreading rumors intended to damage his reputation. As a result, legal action against Ms. O'Malley has been discussed. I don't know the extent of the damage or whether it can be remedied. I would not be representing Dr. Schultz in any claim against your client, but under the circumstances, her continued harassment of Dr. Schultz seems to be alienating the people who need to be sympathetic if any successful resolution is to occur without further legal expenses.
Again, Michigan law is inadequate here because Mulan suffered quietly and for several months without our knowledge due to the gauze Dr. Schultz left in her - and the lies and accusations anger me. While I've yet to call him, he's called me several times. He has threatened to dispose of frozen semen we had stored with him. No rumors have been spread by myself, though he called and accused me of telling "everyone" he is retiring (that's the first I'd heard that rumor and it came from him!). All information is fully documented and available online here so everyone can see that this happened and I will not be hushed up. You can read the surgical report and see the photos and judge for yourself. Just who am I alienating except the good doctor that almost killed my dog? I feel it's important that others know how badly he takes responsibility for his mistakes, considering he puts himself out there as a "reproductive expert". If they will propose a reasonable offer and a reasonable release, I will be happy to settle. But I will NOT be gagged and give up my First Amendment Rights under any circumstances, and just telling the facts is NOT harassing him. This happened, and I will not be silenced by threats and intimidation.
These questions were from Kelly Mann, CNA's legal counsel
The Medical Report...beyond the pictures
Blood work & ultrasound report upon admission for the infection
Surgical Report noting that a piece of gauze was found
Timeline of Events what happened
MSU Surgery medical bill (does not include follow up care or other incidentals)
Schultz' overpriced bill for c-section that left the gauze in Mulan (a regular vet charges about $400 for the same surgery)
"Release" (Gag Order) they wanted me to sign so they would pay PART of the medical bills (after attorney fees) For a mere $7,500 they want me to sign away my constitutional right to free speech, and rights to tell licensing and regulatory bodies of this negligence, as well as a gag order preventing me from telling anyone this happened. Don't think so! View it here. I would also be barred from showing you this, and even better - it would leave me open to a lawsuit that would require me to pay Schultz' attorney fees for fighting the State of Michigan Licensing complaint!
Video of Surgery (note that there is no one assisting which is considered poor practice). Other vets we have used typically have at least 3 assistants in surgery (anesthesiologist, a nurse to count gauze & hand instruments, one or more to attend to newborn puppies).
Letter to the MVMA regarding Schultz' negligence - nothing came of this apparently due to the protection of cronies in the MVMA. It's nice to know that the MVMA looks out more for its veterinarians than the patients.
The Better Business Bureau was equally useless.
A similar letter went to the Michigan State Licensing Board. They appear to be following up. I will keep you posted on the outcome. I hope that doesn't become a cronies situation as well.
The reason for this page is that this can happen to ANYONE. It doesn't have to be a c-section - it can be any kind of veterinary negligence and you are at the mercy of insurance companies and the antiquated 1919 Michigan Dog Law. I was just very fortunate the staff at MSU was competent and Mulan survived. I can't imagine dealing with this had my dog died...it would hurt tremendously to be dug up over and over in this ongoing battle with unfeeling insurance companies and a negligent veterinarian.. Because after all...in their eyes...it's apparently ONLY a dog...
What can you do to help?
- Contact your representative and find out how old your state laws are - what do they say? Get them changed!
- Contact Cheryle Taylor of CNA and let them know how despicable they are
- Contact Dr. Schultz and let him know you will not use the services of a vet that will sue you when HE makes a mistake.
- Know your animal laws, don't just assume things will be right and fair - they are not! I've been told most of these laws are made with the advantage given to the medical professionals.
What if it happens to you?
- Be vigilant, ask questions, if something seems not right, get a second opinion and document everything!
- If your dog is in distress and recently had surgery go to a DIFFERENT vet - preferably a large practice or teaching school (such as MSU)
- File complaints immediately with licensing boards and follow through
- Don't sign anything that gives up your rights - they are counting on you not reading documents you are asked to sign - if you don't understand it, have someone explain it to you
- If your attorney wants you to sign something you don't feel comfortable with, get another attorney and don't wait too long, there is a statute of limitations and insurance companies will use this against you.
Below are websites where you can check on complaints received about a vet. Bear in mind that at first a filed complaint only an "allegation" and only becomes a "complaint" once all information has been collected by the state and reasonable cause for disciplinary action will be taken. At that time it is sent to a committee to decide further action and becomes a "complaint". Once action has been taken, it becomes a "disciplinary action" and fines or licensing restrictions may be imposed. Therefore, a veterinarian may have outstanding complaints, but nothing may show up online.
- Check out a Michigan vet to see if there are complaints on file www7.dleg.state.mi.us/free
- Check disciplinary records http://www.michigan.gov/dleg/0,1607,7-154-10568_17933_17939-43008--,00.html
More ways to protect yourself if your pet is a victim:
Veterinary Abuse Network - received a very helpful response & has the links for complaints and record searches for other states here
http://judymyers.tripod.com/tfaq.html - good list of information
ALDF's Veterinary Malpractice Fact sheet
Dog Bit Law's Vet Malpractice Page
American Veterinary Medical Association's (AVMA) State Links!
AAHA (American Animal Hospital Association)
Mr. Fluffy's Veterinary Malpractice Links (NY)
Pet Overnight Medical Care Association
SHEBA'S STORY ... an unbelievable series of Vet tragedies to the same person and her pets ...
The Story of Lucy - Read How Lucy Was Physically Abused By Her Vet!!
Pet Gate - A one man crusade to give us the right to our pets medical records!
Malpractice in Northern Illinois - Information on "Sneakers" another malpractice case
http://judymyers.tripod.com/index.html - Toasty's story
thetooncesproject.com - info about why a license was suspended or vet disciplined