Results

Displaying 81 - 90 of 240
Titlesort descending Citation Alternate Citation Summary Type
ID - Veterinary - CHAPTER 21. VETERINARIANS. I.C. § 54-2101 - 2121 ID ST § 54-2101 - 2121 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
IL - Naperville - Title 6: Zoning Regulations (Chapter 2: General Zoning Provisions) Naperville, Illinois, Code of Ordinances § 6-2-5
This Naperville, Illinois ordinance provides the standards to determine whether a business is a veterinary office or a pet care establishment. For a veterinary office, pets are only allowed outside between the hours of 7 AM to 10PM if they are on a leash and handled by a single employee; excrement must be picked up daily and noise levels generated by the animals cannot exceed the city’s noise performance standards. For a pet care establishment, pets are allowed to be outside without a lease or direct employee supervision, but the outside area must be fenced and cleared of excrement daily; pet care establishments are also permitted to provide emergency medical treatment or nonprofessional care associated with an existing medical problem. The zoning provisions associated with either establishment are also included.
Local Ordinance
IL - Police animals - 50/3.55. Scope of practice 210 I.L.C.S. 50/3.55 IL ST CH 210 § 50/3.55 This Illinois law provides that an EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may transport a police dog injured in the line of duty to a veterinary clinic or similar facility if there are no persons requiring medical attention or transport at that time. For the purposes of this subsection, “police dog” means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or State law enforcement agency. Statute
IL - Veterinary - Veterinary Medicine and Surgery Practice Act of 2004. 225 I.L.C.S. 115/1 - 28 IL ST CH 225 § 115/1 - 28 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 - Veterinary - Article 38.1. Veterinarians. I.C. 25-38.1-1-1 to 25-38.1-5-5 IN ST 25-38.1-1-1 to 25-38.1-5-5 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
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
Jakubaitis v. Fischer 33 Cal. App. 4th 1601 (1995) 40 Cal. Rptr. 2d 39 (1995) This case, as an issue of first impression, considers whether Civil Code section 3051 or 30801 governs a dispute involving a veterinary lien for services rendered to a horse. In 1994, Frank and Tara Jakubaitis took their blood-bay horse to Chino Valley Equine Hospital for emergency medical care. Theodore Fischer is the veterinarian that treated the horse, who was hospitalized from February of 1994 to early March of 1994. A letter was sent to the Jukabaitises stating that they had an outstanding balance due of $9,751 and that the horse would not be released until the balance was paid. The letter also informed them that if no payment was made within 10 days, the horse would be sold. The Jukabaitises did not pay for the veterinary services within 10 days, however, the veterinary hospital’s attempts to sell the horse were unsuccessful and the horse remained in the possession of Fischer. The Jakubaitises then sued the hospital, seeking injunctive relief and alleging conversion, claim, and delivery and negligent infliction of emotional distress. The trial court had ordered Fisher to return the horse to the Jakubaitises upon them posting a $500 bond. Fischer then brought this appeal. The case came down to the interpretation of various sections of California law. The trial court impliedly found section 3080 of the California Code to be controlling and sections 3051 and 3052 to be inapt. Section 3051 recognizes veterinary proprietors’ and veterinary surgeons’ lien rights for compensation in caring for, boarding, feeding, and medically treating animals. Section 3052 permits the lienholder, after giving notice to the debtor, to sell the animal at public auction. Section 3080 and 3080.01 govern liens applying to livestock servicers. Essentially, a veterinarian’s services could fall under either of the sections because the term “livestock service” in section 3080 included the term “veterinary services.” Eventually the legislature revised the definition of livestock services in section 3080 and deleted the reference to veterinary services. The Court concluded that the legislature’s intent was clear. Section 3051 continues to govern veterinarian proprietors’ and veterinary surgeons’ lien rights. Section 3080 governs all other livestock service providers. The Court ultimately reversed the trial court’s decision, ordered the horse to be returned to Fischer, the veterinarian, and discharged the bond that was to be paid by the Jakubaitises. Case
Jason v. Parks 638 N.Y.S.2d 170 (N.Y.A.D. 2 Dept., 1996) 224 A.D.2d 494 (1996)

In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal.  The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog.

Case
Johnson v. Wander 592 So. 2d. 1225 (Fla. Dist. Ct. App. 1992)

Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount.  The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.

Case

Pages