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Titlesort descending Author Citation Alternate Citation Summary Type
Fackler v. Genetzky 595 N.W.2d 884 (Neb., 1999)

Plaintiffs sued defendant for the death of their racehorses resulting from alleged veterinary malpractice.  The court held that a genuine issue of material fact as to whether veterinarian's actions comported with professional standard of care in treating racehorses precluded summary judgment.  However, the owners were not entitled to recover damages for their emotional distress as result of veterinarian's alleged negligent destruction of horses.  Nebraska law has generally regarded animals as personal property and emotional damages cannot be had for the negligent destruction of personal property.

Case
FAQ: Veterinary Malpractice Rebecca F. Wisch Animal Legal & Historical Center

This article provides a short reader-based FAQ on veterinary malpractice.

Article
FL - Immunity, Care For Injured Animals - Chapter 768. Negligence West's F. S. A. § 768.13 FL ST § 768.13 This section comprises Florida's Good Samaritan Act. Under the Act, any person, including those licensed to practice veterinary medicine, who gratuitously (without payment) and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. Statute
FL - Impound - Abandonment of animals by owner; procedure for handling West's F. S. A. § 705.19 FL ST § 705.19 This Florida statute provides that any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel that is abandoned by its owner or for a period of more than 10 days after written notice is given to the owner may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. This provisions immunizes such facilities from liability resulting from this action. Statute
FL - Liens - 713.65. Liens for care and maintenance of animals West's F.S.A. § 713.50, 65, 655 FL ST § 713.50, 65, 655 These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals. Statute
FL - Liens, veterinary - 713.655. Liens for professional services of veterinarians West's F. S. A. § 713.655 FL ST § 713.655 This section comprises Florida's veterinary lien law. A lien exists in favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner's agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services. The lien remains valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state. Statute
FL - Police Animal - 401.254. Treatment of injured police canines West's F. S. A. § 401.254 FL ST § 401.254 This Florida law enacted in 2021 states that a licensed professional may transport a police canine injured in the line of duty to a veterinary or similar clinic if there is no individual awaiting medical transport. In addition, a paramedic or EMT may may provide emergency medical care to a police canine injured in the line of duty while at the scene of the emergency or while the police canine is being transported to a veterinary clinic or similar facility. A paramedic or an emergency medical technician who acts in good faith to provide emergency medical care to an injured police canine is immune from criminal or civil liability. Statute
FL - Police animal - 943.69. Care for Retired Police Dogs Program West's F.S.A. § 943.69 FL ST § 943.69 This Florida law enacted in 2022 first recognizes the value that police dogs provide for law enforcement agencies. It then establishes a stable funding source for veterinary care of retired police dogs Statute
FL - Veterinary - Veterinary Medical Practice. West's F. S. A. § 474.201 - 221 FL ST § 474.201 - 221 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
Folsom v. Barnett 306 S.W.2d 832 (Ky. 1957)

Defendant-veterinarian sought appeal of a judgment against him for malpractice resulting from the injury to plaintiff’s thoroughbred colt that resulted in its destruction. The Court of Appeals held that an examination of the record revealed that sufficient evidence was produced to put in issue the question of whether appellant used such skill and attention as may ordinarily be expected of careful and skillful persons in his profession. Thus, the issue was correctly submitted to a jury.

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