Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| OK - Veterinarian Issues - Professional Conduct | OK ADC 775:10-5-30 | Okla. Admin. Code 775:10-5-30 | The following acts and/or omissions shall be considered unprofessional conduct and shall constitute grounds for disciplinary action by the Oklahoma Board of Veterinary Medical Examiners. | Administrative | |
| Sherman v. Kissinger | 195 P.3d 539 (Wash.,2008) | 146 Wash.App. 855 (2008) |
A dog owner sued a veterinarian and a veterinary hospital after her dog died. The Court of Appeals held that the medical malpractice act did not apply to veterinarians, and thus, did not bar claims for breach of fiduciary duty, negligent misrepresentation, conversion, trespass to chattels, and breach of bailment contract; the three-part analysis in McCurdy controlled the measure of damages and the burden of proof for damages; genuine issues of material fact about the market value of the dog, whether it could be replaced, and whether owner was entitled to present evidence of the dog’s intrinsic value, precluded summary judgment limiting owner's damages; the trial court did not abuse its discretion in striking expert’s testimony about the loss of the human-animal bond because owner was not entitled to emotional distress damages; and defendants were not entitled to attorney fees under the small claims statute. |
Case | |
| GA - Liens, veterinary - Article 8. Liens. Part 9. Veterinarians and Boarders of Animals. | Ga. Code Ann., § 44-14-490 to 494 | GA ST § 44-14-490 to 494 | This section of Georgia laws deals with veterinary liens. Every licensed veterinarian in Georgia has a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet. The veterinarian has the right to retain the animal or pet until the charges are paid. There is a ten-day hold period after demand for payment (made in person or by registered or certified mail) until the pet is deemed abandoned and may be disposed of by the veterinary facility. | 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 | ||
| NE - Lien, veterinary - Article 7. Veterinarian's Lien. | Neb. Rev. St. § 52-701 - 702 | Neb. Rev. St. § 52-701 - 702 | These Nebraska laws provide the state's veterinary lien provisions, which concern only liens on livestock animals. Under Section 52-701, a licensed veterinarian who is contracted or hired to treat or in any way take care of any kind of livestock has a lien on that livestock for the reasonable value of services and medicines provided. This lien is treated as an agricultural lien under the UCC and may be enforced in the manner of other secured transactions in article 9 of the UCC. The lien must be perfected as provided under article 9 with the information outlined in this law. | Statute | |
| DeLany v. Kriger | Slip Copy, 2019 WL 1307453 (Tenn. Ct. App. Mar. 20, 2019) | This unpublished Tennessee case concerns a veterinary negligence action. The owners of a cat filed a wrongful death complaint against the cat's veterinarian and animal hospital after the cat was killed when the veterinarian wrongly placing a feeding tube into the cat's trachea rather than her esophagus, causing the cat to aspirate and die when she was fed through the tube. The trial court held that the defendants were not liable because the cat was so ill she was likely to die anyway, and thus dismissed the complaint. The cat was 10-years old when she was brought in because she was acting a "little slow" and had not eaten in a couple days. Through discovery and at trial, it was observed that the cat had a septic abscess on her liver with a 79% mortality rate. On appeal here, this court first took issue with the trial court's finding for causation in the negligence analysis. This court found that the evidence was "undisputed" that the cat died as a result of the improperly placed feeding tube, which was further supported by x-rays showing the feeding tube in the trachea rather than the esophagus. Because the trial court did not find causation, damages were not addressed. Here, the court noted that domestic pets are considered private property in Tennessee. The law is settled that a pet owner can recover for the wrongful death of his or her pet in the state. Further, Tenn. Code Ann. § 44-17-403 provides that a dog or cat owner is entitled to recover up to $5,000 in noneconomic damages for "the unlawful and intentional, or negligent, act of another or the animal of another . . ." but that no award of noneconomic damages is permitted in “an action for professional negligence against a licensed veterinarian.” While Mr. DeLany testified he considered the cat's fair market value at $5,000, another veterinarian joined as a defendant testified that a healthy cat has a value of around $75 and a sick cat has a value of $0.40. The appellate court stated that the calculation of damages is a matter for the fact-finder, and the case was remanded to the trial court to determine the appropriate amount of economic damages. This would include, but not be limited to, the medical bills incurred for Callie's treatment and the cost of replacing Callie, said the court. | Case | ||
| Iris Lewis v. Al DiDonna, Pharmacist; James DiDonna, Pharmacist; Eckerd Drug Store of Stone Ridge, New York; Eckerd Corporation |
In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York. |
Pleading | |||
| NM - Veterinary - Article 14. Veterinary Practice Act. | NMSA 1978, § 61-14-1 to 61-14-20 | NM ST 61-14-1 to 61-14-20 | 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 | |
| In the Matter of Kerlin | 376 A.2d 939 (N.J.Super.A.D. 1977) |
Respondent Raymond Kerlin, D.V.M., appealed a decision of the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners (Board), finding him guilty of "gross malpractice or gross neglect" in the practice of veterinary medicine after an employee at his office (his wife) stated that the office could not treat a deathly ill kitten after the owners requested payment by credit (apparently not accepted at the office). In this case, the court observed nothing in the findings of facts to support a conclusion that respondent was aware of the exchange which occurred between the kitten’s owner and Mrs. Kerlin in time for him to have prevented the situation or to have taken remedial steps. Nothing adduced at trial proved that Dr. Kerlin followed the policy of rejecting requests for emergency treatment on credit. Thus, the court concluded that the State failed to establish that respondent was guilty of a violation or of conduct warranting disciplinary action for "gross malpractice", and the decision of the Board was reversed. |
Case | ||
| OH - Emergency - 4765.52 Provision of emergency medical services to dog or cat | R.C. § 4765.52 | OH ST § 4765.52 | This Ohio statute specifies the emergency treatment that a medical technician or first responder could provide, prior to a dog or cat being transferred to a veterinarian for further treatment. The statute also highlights the immunities that medical responders, directors, and emergency medical service organizations have under the statute, unless they engage in an act or omission while providing medical services to a dog or cat, that constitutes willful or wanton misconduct. The statute also makes clear that a veterinarian who acts in good faith is not liable for any act or omission that occurred prior to the veterinarian providing services to the cat or dog. | Statute |