Results
Title |
Author | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|---|
| 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 | ||
| MO - Veterinary - Chapter 340. Veterinarians. | V. A. M. S. 340.010 - 405 | MO ST 340.010 - 350 | 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 | ||
| MO - Veterinary - 20 CSR 2270-6.011 Rules of Professional Conduct | 20 MO ADC 2270-6.011 | 20 Mo. Code of State Regulations 2270-6.011 | Subsection 11 of the Rules of Professional Conduct for veterinarians provides that a licensee shall not reveal confidential, proprietary or privileged facts or data or any other sensitive information contained in a patient's medical records without the prior consent of the client except as otherwise authorized or required by law, regulation, or other order. The subsection specifically states that "[w]hen these situations [of abuse and neglect] cannot be resolved through education, the board considers it the responsibility of the veterinarian to report such cases to the appropriate authorities." Thus, the rule seems to create an ethical responsibility that mandates the reporting of abuse or neglect by veterinarians. | Administrative | ||
| MO - Lien, care and board - Chapter 430. Liens for Keeping, Training and Breeding Animals | V. A. M. S. 430.150 - 220 | MO ST 430.150 - 220 | This chapter of Missouri laws concerns liens for the keeping, training, and breeding of animals. Section 430.150 states that every person who keeps, boards or trains any horse, mule or other animal has a lien on such animal, and on any vehicle, harness or equipment that came with the animal, for the amount due. No owner or claimant has the right to take any such property out of the custody of the person having such lien, except with the lienholder's consent or on the payment of such debt. Section 430.160 outlines the procedure for enforcement of the lien, which includes where to file a claim and the notice requirements. | Statute | ||
| 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 | ||
| MN - Veterinarian Issues - Professional Conduct | MN ADC 9100.0700 | Minnesota Rules, part 9100.0700 | The following acts by a licensed Minnesota veterinarian constitute unprofessional conduct and are grounds for disciplinary action against the licensee. | Administrative | ||
| MN - Lien, veterinay - Chapter 514. Liens Against Property. Agricultural Liens. | M. S. A. § 514.965 - 966 | MN ST § 514.965 - 966 | These Minnesota statutes relate to agricultural liens on livestock. Under these sections, an “agricultural lien” includes a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production input lien, and feeder's lien. In section 514.966 entitled, "Agricultural lien on livestock," a licensed veterinarian performing emergency veterinary services in the ordinary course of business that cost more than $25 for animals at the request of the owner or a person in possession of the animals has a lien on the animals for the value of the services. Additionally, a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production lien, or feeder's lien attaches to the livestock serviced by the agricultural lienholder, and products and proceeds thereof to the extent of the price or value of the service provided. To perfect the lien, a financing statement must be filed within the time periods established in the law. | Statute | ||
| Missouri Veterinary Medical Bd. v. Gray | 397 S.W.3d 479 (Mo.App. W.D., 2013) | 2013 WL 600201 (Mo.App. W.D., 2013) |
An unlicensed Missouri equine dentist (Brooke Rene Gray) appeals an order from the circuit court enjoining and prohibiting her from doing business as "B & B Equine Dentistry," where she performed equine tooth floating and other acts. In 2007, the Missouri Veterinary Medical Board informed Ms. Gray that she was violating Missouri law by practicing veterinary medicine without a license. After she did not cease her activities, the Board referred the matter to the Attorney General, who then filed a petition on behalf of the Board to enjoin Ms. Gray's activities. On appeal, Ms. Gray contends that the court order violates the Missouri Constitution, which guarantees all citizens the right to enjoy the "gains of their own industry." The court disagreed, finding that the State has a strong interest in regulating practices that involve public safety as is the case with veterinary medicine. |
Case | ||
| Miller v. Peraino | 626 A.2d 637 (Pa.Super., 1993) | 426 Pa.Super. 189 (1993) |
The incident generating this dispute after two veterinary assistants claimed that Miller viciously beat plaintiff's dog Nera to death because he was having difficulty getting the dog from the basement recovery room to the waiting area upstairs where the dog would be picked up. The sole issue on this appeal is the dismissal of plaintiff's cause of action for intentional infliction of emotional distress resulting from both the dog's death and the veterinarian's behavior during plaintiff's picketing of his business. Relying on both the Restatement (Second) of Torts and a prior decision inDaughen v. Fox, the court held that intentional infliction of emotional distress cannot legally be founded upon a veterinarian's behavior toward an animal. |
Case | ||
| Milke v. Ratcliff Animal Hospital, Inc. | 120 So.3d 343 (La.App. 2 Cir., 2013) | 48,130 (La. App. 2 Cir. 7/10/13) | This is an action for veterinary malpractice brought against a veterinarian and veterinary clinic, as well as an action for improper delay and bad faith dealing against the insurer of the veterinary clinic. Plaintiff brought this case after their 6-month old puppy died in the post-operative period following neutering surgery. Defendant veterinarian and clinic could not provide an exact cause of death, and the malpractice insurer that plaintiff was referred to denied plaintiff's malpractice claim. The district court granted summary judgment in favor of defendants, and plaintiff appealed. On appeal, the court found that the veterinarian and clinic did not commit malpractice and the insurer did not act in bad faith, and affirmed the judgment of the lower court. | Case |