Rhode Island Family Sues Veterinarian After Surgical Tools Left Inside Beloved St. Bernard

Rhode Island Family Sues Veterinarian After Surgical Tools Left Inside Beloved St. Bernard

The heartbreaking story of Princess Freckles, a St. Bernard puppy from Lincoln, Rhode Island, has sparked outrage and a lawsuit against a veterinarian after surgical tools were allegedly left inside the dog’s abdomen, leading to years of suffering and ultimately, euthanasia. The case highlights the devastating consequences of veterinary malpractice and raises questions about legal protections for pets and their owners.

A Routine Procedure Turns Tragic

In August 2022, Kristen Breton brought her then-puppy, Princess Freckles, to Dr. Deborah Hirschmann at the Rhode Island Animal Medical Center for a routine spaying procedure and a minor stomach operation. Breton chose this clinic due to ongoing construction at her regular veterinarian’s office. Initially, Princess Freckles appeared to recover well. However, subtle stomach issues emerged, which Breton initially dismissed as a potential food allergy.

Over the next two years, Princess Freckles’ symptoms progressively worsened, culminating in frequent and violent vomiting episodes. Concerned, Breton rushed her beloved pet to a different veterinary practice for X-rays. The results were shocking: a metal object was clearly visible within the dog’s abdomen. A subsequent necropsy report confirmed the presence of a hemostat, a surgical clamping instrument, and surgical gauze.

A Devastating Diagnosis and Difficult Decision

The discovery of the forgotten surgical tools devastated Breton. According to the necropsy report, Princess Freckles required immediate, invasive surgery to remove the objects. However, due to her already compromised health, survival was uncertain. Faced with this agonizing reality, Breton made the heartbreaking decision to euthanize her three-year-old St. Bernard.

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“I was not expecting to put her down,” Breton told WPRI 12 news. “Never in my wildest dreams did I think I was coming home without my dog.” The realization that Princess Freckles’ suffering was preventable fueled Breton’s anger and grief.

Legal Action and the Fight for Justice

The Breton family filed a lawsuit against Dr. Hirschmann, who has since been placed on probation by the Rhode Island Department of Health. Their legal representative, Marshall M. Raucci, acknowledges the challenges of the case, particularly the limitations of Rhode Island law regarding pet owners’ rights.

Rhode Island Law and the Value of Pets

Currently, Rhode Island law allows for claims related to the destruction of livestock but does not recognize wrongful death suits for companion animals. Raucci hopes the case will shed light on this legal gap and encourage lawmakers to enact stronger protections for pets and their families. “The law is truly not on our side because the law hasn’t caught up to where we are as a society,” he stated.

The Veterinarian’s Response

Dr. Hirschmann’s attorney, Lauri Christensen, issued a statement to WPRI, asserting that her client, a veterinarian since 2011, had never experienced a similar surgical error. Christensen maintained that Dr. Hirschmann was unaware of the retained surgical items and emphasized her client’s usual practice of inspecting the abdominal cavity before closing incisions.

Remembering Princess Freckles

For Breton and her two children, the loss of Princess Freckles is immeasurable. “She just had a big personality. Everyone loved her,” Breton shared with WDBJ 7. This tragic case serves as a stark reminder of the importance of veterinary accountability and the deep bond between humans and their animal companions. It also underscores the need for legal frameworks that adequately recognize the value of pets within families and society.

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Frequently Asked Questions about Veterinary Malpractice

What is veterinary malpractice? Veterinary malpractice occurs when a veterinarian’s negligence or substandard care causes harm to an animal. This can include misdiagnosis, surgical errors, medication errors, and failure to provide appropriate treatment.

What should I do if I suspect veterinary malpractice? If you believe your pet has suffered due to veterinary negligence, seek a second opinion from another veterinarian and document all interactions, treatments, and expenses. Consulting with an attorney specializing in animal law is crucial to understand your legal options.

What damages can be recovered in a veterinary malpractice case? Depending on the jurisdiction and the specifics of the case, potential damages may include veterinary bills, costs of future care, pain and suffering of the animal (in some states), and emotional distress of the owner (in limited circumstances). Punitive damages may also be awarded in cases of gross negligence or intentional misconduct. It is essential to consult with an attorney to determine potential recoverable damages in your specific case.