Update on Boo's Case

[snickerdoodle]

Well, I finally got the release in the mail, which I should've known wouldn't have a check in it.

As insurance companies are only out for themselves, I should've known everything she said to me was a lie. Especially the "You can take our settlement and will have to find additional avenues to get the rest if you want any from the vet".

This "release" they want me to sign says, in part, "I being of lawful age do hereby release, acquit and forever discharge [Vet] and Insurance Company from any and all actions, causes of action, claims and demands on account of, or in any way growing out of any known or unknown resulting or to result from an incident that occurred on or about July 22, 2010....."

So if I sign that I couldn't take him to court because I would've already called it finished.

Well. She'll be getting a very nice letter faxed to her tonight, you watch. I'm afraid I'll have to say no to that check. On to the courts we go I suppose. This will be an interesting end to the year.

*sighs* 500 dollars? For "damage to home" ... You killed my cat you sorry sack of lies... 500 dollars? ... I am so upset.

 

[natalie_ca]

I'm sorry about Boo

I don't read the health or rainbow bridge forum, so I don't know what happened to Boo.

Can you give a brief overview of what happened and why you are suing?

 

[tara g]

Originally Posted by Natalie_ca

I'm sorry about Boo

I don't read the health or rainbow bridge forum, so I don't know what happened to Boo.

Can you give a brief overview of what happened and why you are suing?

Same here, not too sure what happened, but very sorry to hear you're struggling with them and very sorry to hear about Boo

 

[snickerdoodle]

Sorry, guys, the original post about the complaint is here http://www.thecatsite.com/forums/sho...d.php?t=221124

Short version:
Boo had a dental done, and had a tooth extracted. A few months later he was doing so poorly that we took him back to the vet only to find out he had CRF. Then he continued doing so poorly that I decided to take him to another vet, but unfortunately far too late. The old vet left chunks of tooth in his socket, sheared off the roots of incisors and basically mangled his mouth. I also suspect that he was given an inappropriate amount of anesthesia during the first dental since after he came home from that he was never the same, and Mom says she thinks he had brain damage of some kind because the light was gone out of his eyes.
In any case, he passed away August 2, 2010 weighing 4 pounds. Before that we got the new vet to fix the horror the old vet he done to Boo in his mouth, but it was too late and I should've known sooner. So I am pursuing about 1100+ dollars in reimbursement for what Boo went through, and also lodged a complaint with the vet board.

Today I received in the mail the "agreement" and "settlement" papers for 500 bucks. I didn't realize it would not only be releasing the Insurance company (Which is all that woman said to me on the phone, lies) but also the Vet! No way! If I signed this, I could not go to small claims for the rest of the reimbursement.

I also am not settling so that the Vet Board can see how deadly serious I am about this. My heart aches every day over Boo. I've framed two large pictures of him in my room so I see him every day and remind myself what I am fighting for. 500 dollars? I'd do a lot of things for 500 dollars, but I REFUSE to let them get away with this, and the other animals they are hurting.

So I have decided NOT to fax the letter but to mail it back. The date on her letter is October 11, wow, took her a hot minute to mail it I suppose, so she can wait for mine. I wrote REFUSED in big black marker on her papers, made copies of them, wrote the letter declaring I refused the settlement and would pursue reimbursement through other avenues. Ball is in their court again. Now if the Vet board would just get on with it.

On top of that Chickster, my other cat, 2 years old, is having fits, we suspect Feline Hyperestesia Syndrome, and giving her meds is hard as well, on top of work, on top of my mother getting stressed and chewing me out lately. We are all having a hard time of it. I just want this done with so I can go back to focusing on Chickster and finally feel like Boo's resting in peace. I don't feel like he is peaceful yet. I will fight for him until it is finished to my satisfaction ... believe that.

Anyway. Sorry for the ramble. Thank you all, and sorry to have dropped this in the middle of everything instead of adding it to the old thread

 

[mer636]

Oh my goodness im sooo sorry for the hurt and loss you have had to deal with because of people being heartless. You give those people in hell not just for your baby Boo but also for yourself and the rest of the people who's pets were wrongly treated.

I wish you luck

May your sweet baby rest in peace

 

[ldg]

Of course it was too good to be true.

"Damage to home" - are they SERIOUS?

Sweetie, I KNOW how painful this is. But with your new vet having documented everything, this is about SO much more than money!!!!!!!!!!!!!!!!!!!!!!!!!!! That guy needs his licensed revoked.

to help you see this through!!!!!!!!!!!!!!!!

And

to you and your mum!!!!!!

 

[rockcat]

Your story about boo is heartbreaking. Thank you for standing up for your poor little kitty.

 

[larussa]

I'm sorry to hear all of this. Boo paid the ultimate price because of this thick headed so called Vet. You're right to fight for everything you can get, this Vet should have his license taken away.

 

[mrsgreenjeens]

I wondered what was happening with this whole thing. Last I knew was the $500 "offer" upon your approval. Took them long enough to get the paperwork to you. Keep us posted on your next steps.

 

[otto]

It is nothing short of heroic of you to pursue this. I am proud to know you and you have my continued full support (for what it's worth

)

 

[bellaandme]

I hope to GOD that vet is stopped from killing animals. Boo may not have been the first..thank you for fighting for your baby!! They killed your cat then insult you by calling it "Damage to your home..?" How can they keeping living with their hearts?? You give me strength for what i might have to go though with Gensis' case. Getting people to stop and listen that a life has been taken and something needs to be done

 

[cruisermaiden]

I am so sorry to hear about Boo and all you are going through with this. You are right to have refused this "settlement offer".

Though I am NOT agreeing with the insurance company on a moral standpoint, as an insurance professional I can tell you that the settlement paperwork you received sounds fairly standard.

The insurance company itself didn't do anything to you (or Boo), it was the veterinarian who they represent. So agreeing not to pursue the insurance company for further damages wouldn't make any sense, their only liability is on behalf of the vet who they are contractually required to defend no matter if they agree with what he did or not. The insurance adjuster may be just as mortified with the situation as we all are, but when a client purchases a policy from an insurance carrier that company has to stand behind the rules of that policy, no matter what.

If you intend to get any funds out of the vet through the insurance company, you will have to either go to court and have a judge rule in your favor, or sign one of those settlement documents. A settlement is basically saying that the insurance company is going to give you "X" amount of money in return for you going away and leaving their client alone from that point forward. Settling first is how they keep from having to go to court and pay defense costs, but of course they aren't going to pay you and still give you an opportunity to pursue their client, which they will again be legally responsible for paying for judgments.

You cannot get a "settlement" AND continue to pursue the vet. Usually they lowball the first offers, and refusing it will probably cause them to come back with a higher offer, but it will still come with the same paperwork. So, you will have to decide if you want to get reimbursed with money (if to you there even IS enough money to repay you for this) or if you want to go after the vet who did this.

If you push hard enough and go to court it is possible to both get reimbursed as well as see justice to the vet, but be aware that can take several years and a lot of money and stress on your part. And at the end after the judge makes a ruling but before you can get any money, you will still have to sign an agreement saying that you will pursue no further. No company is going to pay out without having you sign a document saying that once you have received "XYZ" you will stop. The settlement terms CAN include punishment for the vet, but probably never going to happen unless you go to court.

Once again, I am NOT saying I agree with the vet or the insurance company, just putting a bit of info out there.

I wish you the best of luck in getting this handled so you and Boo both can have some peace!

 

[snickerdoodle]

Thank You CruiserMaiden, for all that info. I've watched enough court TV and dramas to have known this was going to happen, but I have a gullible side and when she told me I could accept their offer and "find other avenues" to get the rest, I believed it. But now, thinking about it, of course not. Wouldn't make much sense for him to have insurance if that was the case.

As desperate as I am for the money, I'm not going to let him get away with this if I can help it. This is my first time fighting something like this, and I am going to have to ask the Vet Board if their decision on the case would be affected by my settling with the insurance company or the vet (IF the amount of money is what I am asking for)

If it DOES affect the outcome of the Vet Board's decision then no, forget the money entirely. I'll get a second job or shovel cow manure, but no amount of money is worth knowing that fool gets away with what he did to my baby and what he most likely continues to do and I know he has done with a friend's parents dog. Not happening.


It is a very confusing matter anyway, you have to take your time and watch your steps. I'm getting everything I send to them notarized by the bank, too, just for safety.

We'll just see where this leads I suppose. I'll update when something new comes up .. and thank you all for your support.

 

[snickerdoodle]

Called the Board to clarify what I had asked about settling with the insurance company and if it had any bearing on the Board's final decision. They said it did not, they only consider the facts and are not a part of any funds issue or insurance issues, which I thought was likely but wanted to make sure.

And it's taken me quite a month or two to realize the last letter the Board sent to me was addressed to MR. Lana, ..LOL. I asked her if they mistakenly thought I was a male, she said it was a typo and apologized. I'm a MS. LOL. Anyway, nice people! Very unbiased, sounds like.

Crossed fingers, refusal was notarized and is in the mail, inside the prepaid envelope the ins co. sent me! Didn't even need a stamp, woohoo! (Small victories people, small victories

)

 

[snickerdoodle]

This has just become far more difficult than I can imagine, and for anyone else that may be getting ready to go through this, please believe me when I say I feel for you so much.
The insurance lady called me this afternoon, and was very irritable. She asked me very snappishly (And sounding like she was fighting to get a coat on at the same time) (Wow, where did the nice, calm, sweet "I-think-you're-a-total-moron-so-I'm-laughing-at-you-on-the-phone" insurance lady go?) "So what's it going to take for this to be over with? How much do you want?"

You guys, I know you've given me a lot of support, and it is beyond repayable what you've all done for me... but I am in such a spot right now. Chickster is having the fits, still, I have to pay the remaining bill off for Boo at the vet, I have very little food in my house (I had to ask a co-worker to buy me some sugar, embarrassing) ... my car's brakes are about to go out, we have no way to buy food for thanksgiving, .. There are A LOT of things, but most important, bills, that I am struggling to pay at this moment.

When she asked me that question I felt a hard lump in my chest and I told her. She immediately agreed and said "I feel that's fair considering all you've been through."
Which was odd...

Now I know that the Board's decision has nothing to do with what's going on between the insurance and myself, but.. I don't know. I was hoping I'd get Overtime at work so this wouldn't be an issue, but it always comes down to what you need and it always ends up being right when you need it. I feel trapped and I feel really ashamed of myself. I am not sure if taking the money is the right thing, but like I said, money has gone beyond tight into tearing at the seams.

I have to think about it some more, no doubt she'll take her time to get the papers back to me.

All I can think is the Board is still looking at it (They were to meet on the 3rd I believe) and .. I'm sitting here wondering about all this. Am I wrong? I just feel horrible.

 

[mrsgreenjeens]

If I'm understanding you correctly, the Board will determine whether or not to pull this guy's license, and that is totally separate from the insurance offer? So, if insurance is willing to pay you whatever you gave them as your bottom line to make you go away and the board can still get this Vet off the streets, then you might have a win-win situation (except that Boo still paid the ultimate price, but that can never be reversed).

So, we just have to hope and pray that the Board makes the right decision, and if they don't, you can continue to work with them, right? And your new Vet can continue to provide paperwork to the Board if needbe?

Am I understanding all this? I would think you would have better luck with the Board than in court, but lets see what Cruiser Maiden has to say again, since she's in the business.

 

[ldg]

Originally Posted by mrsgreenjeens

If I'm understanding you correctly, the Board will determine whether or not to pull this guy's license, and that is totally separate from the insurance offer? So, if insurance is willing to pay you whatever you gave them as your bottom line to make you go away and the board can still get this Vet off the streets, then you might have a win-win situation (except that Boo still paid the ultimate price, but that can never be reversed).

So, we just have to hope and pray that the Board makes the right decision, and if they don't, you can continue to work with them, right? And your new Vet can continue to provide paperwork to the Board if needbe?

Am I understanding all this? I would think you would have better luck with the Board than in court, but lets see what Cruiser Maiden has to say again, since she's in the business.

I have to agree with all of this! If the insurance company is willing to pay for all the bills - there isn't any way to compensate for what that horrible vet did to Boo!!!! So getting those extra expenses (and they were a lot!) covered was the goal, right? This way you CAN release them and the vet of any further financial responsibility.

But that doesn't release him from his MORAL responsibility, and the vet board said they don't take the insurance settlement into the consideration!

You shouldn't feel guilty for settling on an amount that takes care of what it needs to! That was part of the goal!

 

[otto]

I'm glad, glad, glad that you are getting the money you need to live and pay off Boo's bills.

The state vet board is now aware of this vet and can continue their own investigations without you pressing charges, I think. I don't know it, but it makes sense. You can let them know that copies of all of your records are still available to them.

from me and

from my gang.

 

[nurseangel]

This is the first I've read of Boo's story, but I am so sorry.

 

[snickerdoodle]

The Board DID tell me they do not consider any insurance settlements or financial issues nor funds nor reimbursements, that is outside of their bounds of what they deal with. They deal only in facts on the paper of the complaint and responder and evidence presented. And yes, my vet will continue to provide anything they need, she is very helpful. I have a three inch stack of paperwork on Boo as well and it continues to grow with each letter and statement from his bills.

Yes, this WAS a goal, but it was the small goal. I still want more than anything for him to get some kind of record, for myself to start making others aware of researching their vets by board and other ways before they settle on one, to just do what I can to help prevent this in the future. I want him to get his license yanked, that would be tip top victory right there.

I just feel shameful like I'm backing down, but I will make it clear to the Board that just because I am taking the money I believe is rightfully owed to me (IT's not like I'm going on a cruise with it, it will all be gone to bills) does not mean I do not want to take back my complaint.

Thank you all. I would like to hear what CruiserMaiden has to say too ... love you guys.