Results
| Title |
Author |
Citation | Summary | Type |
|---|---|---|---|---|
| Man['s Best Friend] Does Not Live By Bread Alone: Imposing a Duty to Provide Veterinary Care | Phyllis Coleman | 12 Animal L. 13 (2005) |
Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit obligation to provide health care to companion animals, imposes a duty on veterinarians to report cruelty, and establishes strict penalties for violations. |
Article |
| Veterinary Medicine: External Pressures on an Insular Profession and How Those Pressures Threaten to Change Current Malpractice Jurisdiction | Gerald L. Eichinger | 67 Mont. L. Rev. 231 (Summer, 2006) |
This article discusses the recent attention focused on veterinary malpractice claims. The author suggests that changes in both state legislation allowing recovery of non-economic damages for companion animals as well as isolated litigation awards beyond market value for veterinary malpractice make it imperative for the veterinary profession to take a stance on the issue. |
Article |
| Detailed Discussion of Veterinarian Malpractice | David S. Favre | Animal Legal & Historical Center |
This article provides a short history of the development of veterinary malpractice as a cause of action and also explores the elements of a malpractice suit. It further delineates the concepts of standard of care, proximate cause, and res ipsa loquitur. Defenses to malpractice actions are also discussed. |
Article |
| Veterinary Malpractice: Questions for the Owner | Favre David S. | Animal Legal & Historical Center |
This article provides several key questions a pet owner must ask him or herself prior to initiating a veterinary malpractice lawsuit. |
Article |
| Examining the Veterinary Client-Patient Relationship in the United States: Why the Abolition of the In-Person Examination Requirement is Warranted | Jeffrey P. Feldmann | 56 Suffolk U. L. Rev. 91 (2023) | This Note examines the development of VCPR law, the incorporation - or lack thereof - of telehealth into VCPR law across the United States, and considers VCPR effect on access to care. After discussing the state of the veterinary industry and the regulatory scheme of veterinary medicine, Part II assesses VCPR laws across the United States, establishing that there is general uniformity from state to state. In Part II, the Note juxtaposes human medicine's widespread acceptance of telehealth to establish valid doctor-patient relationships with relative absence of such acceptance of telehealth in veterinary medicine to establish valid VCPRs. Part III then discusses and analyzes existing litigation concerning VCPR law and telehealth measures in the Fifth Circuit and in California. The Note concludes by proposing more widespread adoption of telemedicine as a means to establish a VCPR in order to improve access to quality care for veterinarians, clients, and patients more closely aligned with human medicine. | Article |
| The Future of Veterinary Malpractice Liability in the Care of Companion Animals | Christopher Green | 10 Animal L. 163 (2004) |
This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties' concerns. |
Article |
| Overview of Animal Euthanasia | Alexandra Kleinfeldt | Animal Legal & Historical Center. | This article offers an overview of euthanasia of animals. It offers explanations behind the reasons for animal euthanasia, discusses different euthanasia methods that are permitted, and list persons who may perform euthanasia. The article also refers ethical and moral dilemmas associated with animal euthanasia requests as well as to state laws dealing with animal euthanasia. | Article |
| Modern Trends in Veterinary Malpractice: How Our Evolving Attitudes Toward Nonhuman Animals Will Change Veterinary Medicine | Mary Margaret McEachern Nunalee & G. Robert Weedon | 10 Animal L. 125 (2004) |
The purpose of this article is to trace the historical trends in the attitudes of humans toward non-human animals generally and apply that analysis to recent and predicted future trends in veterinary malpractice jurisprudence. This article is also designed to assist attorneys representing owners and veterinarians in spotting the myriad legal issues that have arisen from these trends in order to more effectively represent parties to malpractice actions. |
Article |
| Veterinary Client Issues | Akisha R. N. McGee |
Brief Summary of Veterinary Client Issues
|
Topical Introduction | |
| Detailed Discussion of Veterinarian Client Issues | Akisha R. N. McGee | The Animal Legal and Historical Center |
This gives a detailed view of the boundaries of veterinarian-client relationships, as well as the regulations and administrative policies that make up those boundaries. |
Article |
