Veterinary clinic liable for emotional damages

THE owner of a Yorkshire Terrier named Triesie that underwent a cruciate ligament repair but was badly burnt on her other leg by a hot water bottle has been awarded emotional damages against Pierre van Ryneveld Veterinary Clinic in Pretoria.

Riaan Nortje turned to the Gauteng High Court, Pretoria, where he sued the vet for R400 000 for emotional distress.

Deputy Judge President Aubrey Ledwaba granted the claim for emotional shock and ordered the veterinary clinic to pay the proven damages.

Nortje also succeeded in his claim for travelling and related costs as he visited Triesie at the clinic following her injuries. The clinic was, in this regard, ordered to pay his proven damages.

His claim for R103 800 in damages following his allegations that Triesie was bought as a show dog and if it was not for her injuries she would have earned this amount through shows, was turned down.

The drama a few days after Nortje had fetched the dog from the clinic. He noticed that she had swelling on the right side of her body and that she experienced severe discomfort when touched on her.

Nortje spoke to his veterinarian about it and was told that a hot water bottle was pressed against her righthand side during the operation.

He said he was advised to treat the swelling with a hot and a cold cloth.

He said Triesie began “oozing pus” from the skin on her right-hand side, and it emitted an odour of rotting flesh.

He was given medication for her, but things did not improve, and he yet again returned her to the clinic.

At one point, Nortje said she needed to be assisted with feeding; she was unable to walk, nor could she defecate.

According to him, the veterinarian apologised for the burning of the dog and said it was a mere accident. Nortje said that during this entire ordeal, she had lost about 25% of her body weight.

Veterinarian Dr Hester Van Zyl testified that she performed the procedure on Triesie. The hot water bottle used during the operation is prepared by a nurse and is covered with a blanket or towel to prevent burning, she said.

According to her, she did not observe any burns on the dog when she was discharged. She disputed that Triesie’s right-hand side injury was caused by the hot water bottle.

Judge Lewaba found that given the evidence and pictures handed to the court of Triesie’s injuries, it is probable that when her right-hand side rested on the hot water bottle, she had sustained the burns.