A veterinarian mistakes a boy cat for a girl cat in surgery and the board ignores its investigators again

Complaint: Complaint 20-32
Respondent: Nathan Sholten
Premises: Hopi Animal Hospital

The complainant tells us she took her cat to Scholten for an examination and to determine the sex of the cat. The complainant never had a cat before and assumed this cat to be female based on its behaviors and gaining weight. Scholten is said to have done an exam and ultrasound, confirming the cat was female and in heat. He allegedly said that the ovaries were swollen, later clarifying that he saw the uterine horns (after the mistake he apparently said this must have been the ureter). The cat was brought in for surgery and during the surgery Scholten called the complainant to inform her the cat was male. She states that he found out by expressing the cat's bladder during surgery. The cat then had a second surgery the same day for a neuter. She also tells us that the follow-up care for the cat was lacking during her subsequent contacts; she believes that if the vet is going to do surgery they should have some availability to check in on the cat if there are problems. She also says that when confronted with Scholten's mistake he became defensive and repeatedly said "I told you, I made a mistake."

Scholten tells us that the cat was difficult to work with and that he was unable to complete the ultrasound. He says that he did see what he thought was a swollen uterine horn in the cat. He says that during the surgery he found no reproductive organs and then suspected the cat may be male instead of female. He then went on to castrate the cat. He states that the complainant didn't seem at all upset at the time and even joked about the situation. He also says that the complainant was happy at a subsequent follow-up visit but she then called him a couple of days later to say she was reporting him to the Board.

The Investigative Committee said that it can be difficult to determine the gender of a cat. However, in this case, as the cat was being examined for vulvar discharge, they thought it reasonable that a veterinarian might notice testicles where a vulva would be. They also pointed out that Scholten could have sedated the cat or tried other means, concluding that a thorough examination of the cat did not occur in the cat's case. They applauded Scholten for apologizing but said he still had a duty to examine the cat. There were also some concerns about general communication and post surgical follow-up. The Investigative Committee found a violation; the Board disagreed and sent a letter of concern instead.

Motions

Investigative Motion: Find violation

Source: December 12, 2019 PM Investigative Committee Meeting
People:
Nathan Sholten Respondent
Roll Call:
Adam Almaraz Aye
Amrit Rai Aye
Brian Sidaway Aye
Cameron Dow Absent
William Hamilton Aye
Violations:
ARS 32-2232 (12) as it relates AAC R3-11-501 (1) failure to provide professionally acceptable procedures for not thoroughly examining the cat which led to the misidentification of the gender of the animal; and failure to adequately communicate with Complainant post -operatively regarding specific incisional care on August 23, and 24, 2019.
Result: Passed

Board Motion: Dismiss with no violation and issue letter of concern

Source: January 1, 2020 Board Meeting
People:
David Stoll Respondent Attorney
Nathan Scholten Respondent
Proposed By: Nikki Frost
Seconded By: Jessica Creager
Roll Call:
Christina Bertch-Mumaw Absent
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
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.