Friday, September 3, 2010

Formal Acknowledgement of Complaint filed against Drs. Rankin and Walls from the California Veterinary Medical Board

I received a letter from the Veterinary Review Board yesterday formally acknowledging the complaint against the two vets whose joint negligence resulted in Wally's death. The text of that letter is below. It appears that this can be a long process. At least it will be thorough. We have decided to pursue Wally's case with an attorney as well. It is my intention to make this as public and as painful for the two vets as it was for Wally and us. I will keep you posted via this blog and Facebook.


Veterinary Medical Board/Registered Veterinary Technician Committee

2005 Evergreen Street, Suite 2250, Sacramento, CA 95815-3831
P 916-263-2610 F 916-263-2621 I www.vmb.ca.gov

August 31, 2010

Thomas John Bauer
688 Woodland Avenue
Hayward, CA 94544

RE: Case Number - NV 2011 109

Respondent: Wendi Rankin, DVM & Charles Walls, DVM



Dear Mr. Bauer:

The Veterinary Medical Board acknowledges receipt of the complaint you filed. The enforcement team will review your complaint and any supportive documentation.

The allegations in your complaint along with documents and statements collected from the veterinarian and other parties involved must be investigated to determine whether there has been a violation of the laws governing veterinary medicine in California. The Board's authority to investigate complaints is limited to determining administrative violations of the California Practice Act. The Board's investigations are conducted within the parameters of the California Administrative Procedures Act (APA). Under the APA the Board must meet a very high burden of proof to establish a violation of the laws and/or regulations ("clear and convincing evidence to a reasonable certainty").
Before initiating a disciplinary action, the VMB has an obligation to ensure that admissible and competent evidence exists to sustain a decision, judgment or fine.

If it is established that there is sufficient evidence to indicate a possible violation, further formal or informal investigations may be initiated. Alleged violations are then reviewed by legal counsel to determine if the evidence is adequate to support disciplinary action. During formal legal review, or at any point in the review process, it may be determined that there is either no violation of the California Veterinary Practice Act or insufficient evidence to support a disciplinary action and the complaint is closed.

The entire complaint review is important and the determination of appropriate action may take an extended period of time. Please note that the initial time frame involved in the complaint review process can range from four to nine months. The overall disciplinary process including investigation and formal discipline through the Attorney General's office can take up to two years.

Thank you for bringing your concerns to our attention. You will be notified of the results of the complaint review and any action taken by the Board. Please retain this letter and refer to the above referenced complaint number when making inquiries regarding your complaint.

Sincerely,

Veterinary Medical Board

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