A dog dies from hypothermia (and suspected negligence) after a surgical procedure

Complaint: Complaint 18-17
Respondent: Ivan Weinstein
Premises: Pet Doctor Tucson
Related: 20-110

Weinstein saw the complainant's dog for a stomach issue and performed a barium study. A blockage was identified. Surgery was required so the complainant asked for a neuter during the same surgery. The dog died during surgery and the complainant was told that Weinstein was not even supposed to be performing surgeries and would be fired. The complainant also had an external review of the dog's records that suggested hypothermia was to blame.

Weinstein says the dog was monitored during the surgery and dropped dead in recovery. He also says that he was assisted in the procedure by another veterinarian at the hospital, Laura Waters. He also mentions as a side note that he lost his job.

The Investigative Committee found several violations that the veterinary board later rounded down. There does not appear to be a discussion of how someone supposedly not allowed to perform surgery at the facility was able to perform surgery with another veterinarian assisting him. Weinstein was required to take 12 hours of continuing education and pay a fine. As of July 2022, he serves as the Medical Director at Tri City East Veterinary Hospital.

Motions

Investigative Motion: Find violation

Source: November 11, 2017 PM Investigative Committee Meeting
People:
David Stoll Respondent Attorney
Ivan Weinstein Respondent
Roll Call:
Adam Almaraz Aye
Amrit Rai Aye
Donald Noah Aye
Robert Kritsberg Aye
Tamara Murphy Aye
Violations:
ARS 32-2232 (11) Gross negligence due to the disregard to of established principles or practices which resulted in death; the dog was hypothermic with no measures made to reverse and Respondent continued with an elective procedure, the spay, despite the decreasing temperature.
ARS 32-2232 (21) as it relates to AAC R3-11-502 (H) (1) failure to obtain signed authorization for surgery from the animal owner.
ARS 32-2232 (21) as it relates to AAC R3-11-502 (L) (7) failure to document in the medical record the general anesthesia and IV fluids administered to the dog.
ARS 32-2232 (21) as it relates to AAC R3-11-502 (L) (7)(a) and (b) failure to document in the medical record the concentration and amount of metacam and Pen G administered to the dog.
Result: Passed

Board Motion: Schedule informal interview

Source: December 12, 2017 Board Meeting
People:
David Stoll Respondent Attorney
Ivan Weinstein Respondent
Proposed By: Sarah Heinrich
Seconded By: Nikki Frost
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Absent
J Greg Byrne Aye
Jessica Creager Absent
Jim Loughead Aye
Julie Young Absent
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

Board Motion: Find violation

Source: February 2, 2018 Board Meeting
People:
David Stoll Respondent Attorney
Ivan Weinstein Respondent
Proposed By: Sarah Heinrich
Seconded By: Darren Wright
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Absent
Jessica Creager Aye
Jim Loughead Aye
Julie Young Aye
Nikki Frost Absent
Robyn Jaynes Aye
Sarah Heinrich Aye
Violations:
ARS 32-2232 (12) Failure to provide acceptable procedures
ARS 32-2232 (21) Failure to obtain authorization
ARS 32-2232 (21) Failure to document in the medical record
ARS 32-2232 (21) Failure to document in the medical record
Result: Passed

Board Motion: Issue order

Source: March 3, 2018 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Sarah Heinrich
Seconded By: Nikki Frost
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Aye
Jessica Creager Recused
Jim Loughead Aye
Julie Young Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Aye
Result: Passed

Board Order: Order 18017 IVAN WEINSTEIN, DVM

Source: Order 18017 (March 3, 2018)
Violations:
A.R.S. § 32-2232 (12) as it relates to A.A.C. R3-11-501 (1) failure to provide professionally acceptable procedures by proceeding with an elective procedure knowing the dog was hypothermic.
A.R.S. § 32-2232 (21) as it relates to AAC R3-11-502 (H) (1) no signed authorization was obtained’ before general anesthesia was administered or surgery was performed.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (7) failure to document in the medical record the general anesthesia and IV fluids administered to the dog.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (7)(a) failure to document in the medical record the concentration of metacam, Pen G, acepromazine and atropine administered to the dog.
A.R.S. § 32-2232 (21) as it relates to A.A.C. R3-11-502 (L) (7)(b) failure to document in the medical record the amount of metacam, Pen G, acepromazine and atropine administered to the dog.
Penalties:
Probation (2 years)
Continuing education (8 hours in anesthetic complications)
Continuing education (4 hours in medical record keeping)
Civil penalty ($2500)

The primary source for the above summary was obtained as a public record from the Arizona State Veterinary Medical Examining Board. You are welcome to review the original records and board meeting minutes by clicking the relevant links. While we endeavor to provide an accurate summary of the complaint, response, investigative reports and board actions, we encourage you to review the primary sources and come to your own conclusions. In some cases we have also been able to reach out to individuals with knowledge of specific complaints, and where possible that information will be included here.