Attorney explains why veterinary malpractice lawsuits are a challenge in California

SAN DIEGO (KGTV) — Rockie, an 80-pound Mastiff, has undergone three surgeries and a lifetime of physical therapy, but he’s still limping. His owner, Stephanie Spears, did her best; however, she says, “He’s struggling and it’s really hard for me.”

Spears is suing the doctor who performed Rockie’s original hip surgery, Zoran Djordjevich, or Dr. George, as he likes to be called, and the place where he works, Mohnacky Animal Hospital in Carlsbad.

She claims they ruined her dog’s life with botched surgery.

Spears says in her complaint that it was “unnecessary surgery performed by a veterinarian whose claims to be board certified are grossly untrue” and that Dr. George and Mohnacky “are lying about Zoran’s credentials. And they did a surgery where my dog ​​has never been. a candidate for Him should never have had this surgery,” Spears says in her lawsuit.

Team 10 interviewed two pet owners who said they had the same problem with the same doctor.

Denise Heinrich had a Collie that limped. Dr. George, she says, recommended surgery.

“After it was over, it didn’t seem to make any difference in her. She was still limping,” says Heinrich.

Her complaint is one heard frequently about Mohnacky Animal Hospital. Team 10 looked into a long list of complaints posted on social media.

Heinrich says Mohnacky does “constant surgeries.”

“It’s always something that’s not handled any other way than under a knife,” she says.

Megan Reuban’s St. Bernard was doing well, but his eyelids didn’t close properly and he went through so many surgeries, five in the first year and a half of his life, that he became constantly aggravated and hostile to other animals.

Finally, he returned to Reuban as well.

“He went after me, grabbed my arm and shook me and threw me against the wall,” she says.

In all, Reuban says he paid $14,000 for his treatments, but had to put the dog down because of his constant pain.

“On my dog… he did a surgery that shouldn’t have been done. says Reuban.

She wanted to sue too, but ran into the legal hurdle that is the California Veterinarian Malpractice Law.

“We’ve been told we won’t get our money back. We’ll still be in the red,” says Reuban.

An unfortunate surprise for Spears, Heinrich, Reuban and everyone else who goes to the vet: Vets aren’t subject to personal injury lawsuits, so malpractice lawsuits are nearly impossible.

Attorney Sarah Thompson specializes in animal law.

“The problem with suing vets is that animals, especially dogs, in this case are considered property. And that limits the ability to get money damages. So generally you can get the costs of a replacement dog if the animal has died. says Thompson.

It’s about legality, because if you’ve adopted a dog, no matter how much you love it, you can only collect damages equal to what you paid for it.

“Overall, the damage is pretty limited,” says Thompson.

And no damages, she says, often means no lawyer.

“This makes it very difficult to sue vets because often times people will spend more on legal fees than they will recover… So most personal injury lawyers do it on a urgency, but because these particular cases have such a low monetary value that many lawyers can’t afford to do it,” explains Thompson.

Despite this, Stephanie Spears decided to continue her lawsuit.

“It was very difficult to find a lawyer to take my case,” she says. “I’ve been told several times, ‘It’s not worth suing over a dog.’

Dr. Craig Mohnacky, the hospital’s owner, denies all complaints, says his doctors don’t perform unnecessary surgery, and Dr. George is not board certified, but a specialist.

As for lawsuits, he says vets deserve extra protection under the law.

“It’s just the status that exists. You know, animals are treated as private property… They’re not treated as persons. There’s no character associated with it,” he says.

Rockie and Spears try to push the limits when it comes to vet responsibility.

Their lawsuit is for tens of thousands of dollars, claiming pain and suffering, punitive damages and misrepresentation.

Her lawyer agrees that she is trying to stretch the law.

“What we’re hoping to do is make it not just like a car, but make these animals deserve damages when they’re injured, for their pain and suffering,” Thompson says.

This would be revolutionary for every pet owner if successful. For Rockie, it would pay for a lifetime of physical therapy and finally end his pain.

READ RELATED: Dog owner sues Mohnacky Animal Hospital vet over board certified claims