Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Downing v. Gully, P.C. | 915 S.W.2d 181 (Tex. App. 1996) |
Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians. |
Case | |
| NY - Police Dog - § 122-c. Transport of police work dogs injured in the line of duty | NY GEN MUN § 122-c | McKinney's General Municipal Law § 122-c | This New York statutes allows for paramedics or emergency medical service technicians to transport any police work dog that is injured in the line of duty to a veterinary clinic if there are no persons requiring medical attention or transport at such time. | Statute |
| KS - Abandon - Chapter 47. Livestock and Domestic Animals. | K. S. A. 47-835 | KS ST § 47-835 | This Kansas statute provides that any animal placed in the custody of a licensed veterinarian that is unclaimed by its owner for a period of more than ten (10) days after written notice by registered or certified mail is given, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as the custodian may deem proper. The giving of notice to the owner of record immunizes the veterinarian from liability. | Statute |
| Colombia - Veterinary - LEY 576, 2000, Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. | LEY 576, 2000 | This law reflects the Code of Ethics for the professional exercise of veterinary medicine and animal husbandry. This law contains the guidelines and standards of the veterinary professions that must be followed by veterinarians and veterinary zoo technicians to avoid veterinary malpractice liability. Ley 576, prescribes the type of behaviors that are not allowed and the circumstances were such behaviors could take place. In addition, this law also creates the tribunal of professional ethics for these professions, and the legal procedure that must be followed by this tribunal in the undertaking of investigations and hearing of users’ complaints. Furthermore, this law regulates the ethical behavior, and responsibilities of the veterinary professionals towards their clients, other colleagues, veterinary assistants, natural resources, and professional associations. | Statute | |
| Stephanski v. Wimpy | Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages. | Pleading | ||
| Berres v. Anderson | 561 N.W.2d 919 (Minn. Ct. App. 1997) | This is an action for veterinary malpractice brought by the purchasers of cattle that tested positive for Johne's disease. The veterinarian diagnosed the disease in the seller's herd and treated the buyer's herd for the disease. The trial court granted summary judgment for the veterinarian on the grounds that the statute of limitations had expired for the malpractice claim. On appeal, the court reversed the district court's granting of summary judgment, as it determined that the record indicated a genuine issue for trial as to the causation of the spread of the disease among the herd of cattle and whether adequate hygiene would have reduced the spread of the disease. | Case | |
| NC - Lien - Chapter 90. Medicine and Allied Occupations. | N.C.G.S.A. § 90-187.7 | NC ST § 90-187.7 | This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper. The giving of proper notice relieves such custodian of liability resulting from the disposal. | Statute |
| TN - Expert - § 29-26-115. Burden of proof; expert witnesses | T. C. A. § 29-26-115 | TN ST § 29-26-115 | This Tennessee statute provides the requirements for the claimant's burden of proof under malpractice actions, including, inter alia, the proof that the defendant's actions fell below the recognized standard of acceptable professional practice in the community, proximate cause, and proof by a preponderance of the evidence that defendant's actions were negligent. | Statute |
| Nikolic v. Seidenberg | 610 N.E.2d 177 (Ill. App. Ct. 1993) |
When the pet owner adopted a dog, she signed a contract agreeing to have her dog spayed at the vet's facility and to return the dog to the vet if it was sick. For days after the surgery the dog was ill so the other vet performed exploratory surgery and repaired a cut in the dog's intestine. The pet owner filed an action to recover the medical expenses and the lower court granted the vet's motion to dismiss. The reviewing court held that the language in the contract was not sufficiently clear and explicit to exculpate the vet from negligence because the vet was not a party to the contract and thus not a direct beneficiary of the contract. |
Case | |
| MN - Veterinary - Chapter 156. Veterinarians. Board of Veterinary Medicine. | M.S.A. § 156.001 - 20 | MN ST § 156.001 - 20 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute |