Legal Question in Medical Malpractice in Texas

My name is Rachel Rogers and I have a question about the care given to my dog Shelby. I took Shelby to a Veterinarian I had never visited before to see why she was breathing funny (somewhat like labored breathing) and had a strange cough that only happened when she got worked up. I explained to the Veterinarian that Shelby had stopped eating, had only thrown up once in the last week but that was normal for her to do (she was 9 and had a history of vomiting that no one could figure out). I also explained that she had been limping on one leg and I had given her aspirin for 2 days. I expressed my main concern was her breathing, coughing and lack of eating.

The Veterinarian did a physical exam and while running her hand down Shelby's back she said she noticed an area that was warmer than the rest and concluded that Shelby had done some damage to her back and her breathing was due to pain. She told me Shelby's lack of eating was due to me giving her aspirin and causing an ulcer. She gave Shelby and antibiotic for her GI and an anti-inflammatory. I agreed Shelby probably had back problems due to her age and past activities, but I asked the Veterinarian again if there was certain about respiratory issues because it all seemed strange. She assured me her lungs were fine because they sounded clear.

Two nights of no sleep later I took Shelby to the emergency Veterinarian office to see about pain control and after hearing what I had told the first Veterinarian, the diagnosis and then after completing their own examination the emergency Veterinarian felt it was necessary to do X-rays of the abdomen and chest. The X-rays were not clear but they suspected either a bad upper respiratory infection or possibly lung cancer. The x-rays did show spodylitis and bad hips, but the emergency vet agreed that Shelby's symtoms were resporitory related. They knew Shelby was under the care of the first vet and suggested I take their findings back to her and see what she would like to do. I called the first vet the next morning and she asked why the emergency clinic did not send her anything and I told her they sent the x-rays with me to show her and I told her their concern. They said if it was an upper respiratory to put her on Baytril but to make sure it was not cancer.

The first vet did not ask to see the x-rays or request to see Shelby again. She told me she really thought it was her back that was bothering her and that her blood-work results showed a problem with her thyroid and gallbladder. She told me to come in and pick up some medication. When I got there they wanted to charge me around $300.00 to $400.00 for Baytril and natural supplements for her joints, thyroid and gallbladder. I could only afford the supplements for her thyroid and gallbladder.

The next day Shelby was even worse so I drove an hour away to a vet I worked for about 15 years ago. He immediately wanted to see the x-rays after hearing her symptoms and examining Shelby. Very quickly after reviewing the x-rays he asked me if the veterinarian I had seen really thought her lungs were ok and asked if there was concerns about a mass in her abdomen. He agreed he had the same concern about her respiratory system and decided to do second x-rays to confirm our suspicions. The x-rays were conclusive that Shelby had lung cancer and a mass in her abdomen. Both lungs were almost completely consumed, Shelby was in distress (even thought she still loved on us every second she could) and we made the decision to put her down.

My question is do I have grounds to recover costs from the first veterinarian? My plan was not to ask for the cost of the office visit and heartworm test back since I made the decision to go there and I asked for the heartworm test due to the cough. Also, I planned to ask to be compensated for the emergency clinic cost.

Thank you,

Rachel Rogers

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