A slightly sick mouse squirms and dies during an examination and then people get upset

Complaint: Complaint 19-34
Respondent: Dwight Benesh
Premises: Chandler Small Animal Clinic

The complainant brought her mouse in for an exam because of hiccups and a hunch when walking, signs she had seen in other mice with respiratory issues. Benesh allegedly came into the room and took the mouse and the mouse apparently got away. He scooped the mouse up with a towel and held the mouse while using a stethoscope. The complainant says the mouse was struggling and did so until she died. Benesh allegedly said that he wouldn't charge her for the visit, that she must have been very ill, potentially came from a bad breeder, and so on. The complainant says that if she had been as sick as he was claiming she wouldn't have been able to fight his grip for so long. She says she called her roommate who got angry and called Benesh and then called her back in tears. She also says she tried calling the manager herself but never got a call back. They eventually went to talk to the doctor together but felt the conversation was very unprofessional. She admits that it's just her word against his but states she's haunted by what happened to her mouse.

Benesh's writeup begins with the first and last visit with the mouse and the intake by the veterinary technician. He states that the complainant had another mouse that had died the month before from respiratory issues, and he's not sure she took that mouse to a vet (what does that have to do with the complaint?). He says the complainant told him the same things and that the mouse had been sneezing. He says he needed a towel to hold the mouse and that at no time did the complainant say she had any concerns. He says the mouse had a slow heartbeat and just died when he was listening to it. He tried to revive the mouse but failed. He says he told the complainant and she got angry. At some point he says he did lose his composure in the conversation. The complainant's roommate also called him and words were exchanged. He says that both of them came back to the office and that the roommate said she felt better after the conversation.

The Investigative Committee said that veterinarians have to be able to deal with difficult clients. While they felt Benesh's medical conduct was acceptable they also found a violation on grounds that he wasn't professional with the complainant. The veterinary board rounded this down to a letter of concern.

Motions

Investigative Motion: Find violation

Source: March 3, 2019 AM Investigative Committee Meeting
People:
Dwight Benesh Respondent
Roll Call:
Carolyn Ratajack Aye
Christina Tran Aye
Jarrod Butler Aye
Mary Williams Absent
Robert Kritsberg Aye
Violations:
ARS 32-2232 (12) as it relates to AAC R3-11-501 (1) for failure to provide courteous verbal interchange with the pet owner after the loss of her pet.
Result: Passed

Board Motion: Offer consent agreement

Source: April 4, 2019 Board Meeting
Proposed By: Nikki Frost
Seconded By: Jane Soloman
Roll Call:
Christina Bertch-Mumaw Nay
Darren Wright Nay
J Greg Byrne Nay
Jane Soloman Aye
Jessica Creager Nay
Jim Loughead Nay
Nikki Frost Aye
Robyn Jaynes Absent
Sarah Heinrich Absent
Violations:
ARS 32-2232 (12) Failure to provide courteous verbal interchange
Result: Failed

Board Motion: Disagree and dismiss with no violation and issue letter of concern

Source: April 4, 2019 Board Meeting
Proposed By: Jessica Creager
Seconded By: Christina Bertch-Mumaw
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Nay
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Nay
Robyn Jaynes Absent
Sarah Heinrich Absent
Result: Passed

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.