Veterinary clinic liable for emotional damages after Yorkshire Terrier suffers burns

The Pierre van Ryneveld veterinary clinic in Pretoria was ordered to pay emotional damages to the owner of a Yorkshire Terrier called Triesie, who underwent a cruciate ligament repair but was badly burned on her other leg by a hot water bottle.

Riaan Nortje turned to the Gauteng High Court, Pretoria, where he demanded damages from the Pierre van Ryneveld Veterinary Clinic. He sued the veterinary clinic for R400,000 for emotional distress.

Deputy Judge President Aubrey Ledwaba granted the claim for emotional shock but 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; however, this claim was turned down.

The drama started when Triesie underwent a cruciate ligament repair but was allegedly badly burnt on her other leg by a hot water bottle. A few days after he had fetched her, he noticed that she had swelling on the right-hand side of her body and that she experienced severe discomfort when touched on her right-hand side.

Nortje spoke to his veterinarian about it and was told that a hot water bottle was pressed against her right-hand side during the operation, which could explain her discomfort. 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 as the wound smelled bad. He stated that when he returned her on another occasion, part of her skin had been removed from the burnt area. At this juncture, Nortje said she still 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 cruciate ligament repair procedure on Triesie. The hot water bottle used during the operation is prepared by a nurse who ensures that the bottle is filled with 50% cold and 50% warm water. The bottle is also covered with a blanket or towel to prevent burning patient animals, she explained.

According to her, she did not observe any injury on the dog when she was discharged, and said Nortje only later showed her the burns. She disputed that Triesie’s right-hand side injury was caused by the hot water bottle used during her operation. The veterinarian said that, given the circumstances, reasonable post-surgery management and aftercare treatment were provided to Triesie.

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.

He acknowledged that Nortje had suffered emotionally and remarked that he had tears in his eyes when he testified that Triesie was like his child and that her pain also affected him.

zelda.venter@inl.co.za