Whoa, I just read the paper they gave me to have my Cookie's teeth cleaned. I have a problem with the wording and I'll show my concern in CAPs. "In consideration of Cookie being treated I herby voluntarily and knowingly indemnify and hold harmless, waive and discharge 'hospital' and its officers and employees from any and all suits, claims or "LIABILTY, INCLUDING NEGLIGENCE, based on any complication or failure to respond to therapy except that caused solely by wilful misconduct. I WILL NOT HOLD ANIMAL HOSPITAL OR ITS EMPLOYEES RESPONSIBLE IN ANY MANNER WHATEVER OR UNDER ANY CIRCUMSTANCE IN CONNECTION THEREWITH, AS IT IS THOROUGHLY UNDERSTOOD THAT I ASSUME ALL RISKS. Now I do understand with her age, heart murmer and the possibility that she may not come out of the antasetic she could pass away. But it looks like if they made a mistake other then willful misconduct I'm signing something that seems really vague as to their responsibility to make sure nothing happens. Is this common wording? Or do I need to look elsewhere.

Probably keeps their insurance rates down.

Seems like I sign something similar every time I am in a hospital for some kind of procedure.

Other than the negligence issue, it's probably pretty standard. We live in a sue happy society. If I have a procedure done on a dog, I realize that older dogs with health issues might not wake up. Anesthesias are generally safer now than they were years ago -- but still anything can happen. For me I would agree to assume the risk if the dog doesn't wake up --- IF the dog is not lost due to someone's negligence.If someone isn't doing their job, that's another whole scenario. I guess it boils down to how much you trust your vet. I have a great relationship with my vet and I trust him more than I trust my own family doctor. He doesn't pull any punches with me. Lays it out on the line, and with his guidance I make the best choices I can for our dogs. Good luck.Wanda

Honestly I don't think that they can protect themselves from neglect by just a signed piece of paper. I've been told by my attorney that at least in MA you can argue that you signed "under duress". Many hold-harmless agreements aren't worth the piece of paper they are on.

5 years and Max teeth are perfect never been cleaned. Proper food and chew toys can greatly reduce a pets need for teeth cleaning.

Is This Common | Good Sam Community

wandering_bark
Explorer
Sep 11, 2015
The attorney I worked with said, "You cannot waive negligence nor stupidity." In light of being presented with a waiver of negligence to sign, I get a second opinion.
SGTJOE
Explorer II
Sep 11, 2015
Thank you for all the responses. This was our first visit to this Vet. I think I'll check out the Vet at Pet Smart when I get the kids groomed.
dturm
Moderator
Sep 11, 2015
I see topics about consent forms on the veterinary sites pretty frequently. The people who are vets and attorneys basically say you can't sign away rights to sue for negligence, you sign but the document does not stand up in court. This appears to be a vet trying to eliminate the potential of law suits. That doesn't necessarily equate to being a bad vet.

All our consent forms try to inform clients of potential risks, and in turn allow us to treat the animal with the owner being informed of those risks.

This one seems a little over the top, JMO.

Doug, DVM
Walaby
Explorer II
Sep 11, 2015
"Signed under duress" argument seems weak to me. One obviously has a choice,... they can accept the conditions as laid out by the vet in this case, or choose not to hire him for his services.

Where is the duress?? It's not emergency surgery.

Mike
GMandJM
Explorer
Sep 11, 2015
There is a "willful misconduct" exception. At least they don't require you to (or can't make you) sign that away.

I'd have to have alot of faith in my Vet and staff to sign off on all possible negligence. Do you?

And have you considered getting a second opinion on Cookie's dental issues? (Just a thought.)
midnightsadie
Explorer II
Sep 11, 2015
lets see, a person robs a store ,he gets killed and the city pays the robbers kin, 7mill ,yep we live in a sue happy world.there just trying to protect them selves.
toedtoes
Explorer III
Sep 10, 2015
If you want to try it, simply line out the part about negligence, initial it, and then sign the form. If they accept it, then you have some standing if something goes wrong. If they don't, then you can use the "signed under duress" argument.
donn0128
Explorer II
Sep 10, 2015
5 years and Max teeth are perfect never been cleaned. Proper food and chew toys can greatly reduce a pets need for teeth cleaning.
Crowe
Explorer
Sep 10, 2015
Honestly I don't think that they can protect themselves from neglect by just a signed piece of paper. I've been told by my attorney that at least in MA you can argue that you signed "under duress". Many hold-harmless agreements aren't worth the piece of paper they are on.
raindove
Explorer
Sep 10, 2015
Other than the negligence issue, it's probably pretty standard. We live in a sue happy society.

If I have a procedure done on a dog, I realize that older dogs with health issues might not wake up. Anesthesias are generally safer now than they were years ago -- but still anything can happen. For me I would agree to assume the risk if the dog doesn't wake up --- IF the dog is not lost due to someone's negligence.

If someone isn't doing their job, that's another whole scenario. I guess it boils down to how much you trust your vet.

I have a great relationship with my vet and I trust him more than I trust my own family doctor. He doesn't pull any punches with me. Lays it out on the line, and with his guidance I make the best choices I can for our dogs.

Good luck.
Wanda

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