Action against veterinarian delayed

Monday, May 14, 2001 | 9:39 a.m.

A District Court judge has upheld a ruling by the Nevada State Board of Veterinary Medicine that a local veterinarian was incompetent and grossly negligent while treating a dog that later died.

The written order handed down last week by District Judge Mark Gibbons, however, delayed any action against Henderson veterinarian Bradley Gilman, including a two-month suspension and the imposition $18,100 in investigation costs to the board, pending review by the Nevada Supreme Court.

"Naturally, we are disappointed with the decision, though Judge Gibbons did grant the stay," Adam Levine, Gilman's attorney, said Friday. "The court did not address the many constitutional issues we raised. But we are confident we will prevail before the state Supreme Court."

The case concers a beagle named Gardner, who on Oct. 28, 1998, was taken to Gilman's Green Valley Animal Hospital for routine shots. The dog died that night at another veterinary clinic. A veterinary board hearing revealed that Gardner was dropped on his head by an unlicensed veterinary technician working under Gilman's supervision.

Levine had argued that the veterinary board was financially biased against his client, who refused to settle the matter by paying a fine. Gilman instead opted for a board hearing, lost and was ordered to pay high investigative costs -- giving what Levine called a financial incentive for the board to convict him.

Gibbons did not buy that argument, noting, "The court has reviewed the record extensively and does not find any temptation to convict Dr. Gilman ... solely to have their operational costs satisfied ... The board is running on a budgetary surplus of approximately $350,000."

Fred and Hope Selensky, Gardner's owners, said Gibbons' decision, like the decision by the veterinary board, has provided them some closure to the matter they say should never have gone this far.

"If Dr. Gilman had just apologized, admitted Gardner was dropped and shown some remorse instead of being arrogant and insisting that Gardner died of a liver ailment, he wouldn't be in this position today," Fred Selensky said Friday.