Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 |
| Veterinary Surgeons Investigating Committee v. Lloyd | 2002 WL 31928523, 134 A Crim R 441 | 2002 NSWADT 284 |
Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice. |
Case |
| MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an |
This document contains the court's instructions to the jury in the Danton v. St. Francis case that concerned the escape of a companion animal (cat) from defendant animal hospital. The cat was being boarded at the hospital at the time it escaped. |
Pleading | ||
| NM - Impound - Chapter 77. Animals and Livestock. | NMSA 1978, § 77-1-17 | NM ST § 77-1-17 | This New Mexico statute provides that the owner or operator of a veterinary clinic or hospital, a doctor of veterinary medicine, a kennel, grooming parlor or other animal care facility is not liable for disposing of abandoned animals after proper notice has been sent to the owner of record. | Statute |
| Hohenstein v. Dodds | 10 N.W.2d 236 (Minn. 1943) | 215 Minn. 348 (1943) | This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs. Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera. The court held that a n expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible. Further, a n expert witness may not include the opinion of another expert witness as basis for his own opinion. | Case |
| Sexton v. Brown | Not Reported in P.3d, 147 Wash.App. 1005, 2008 WL 4616705 (Wash.App. Div. 1) |
In this Washington case, Valeri Sexton and Corey Recla sued Kenny Brown, DVM, for damages arising from the death of their dog. Plaintiffs alleged a number of causes of action including negligence, breach of bailment, conversion, and trespass to chattels. The incident occurred after plaintiff's dog ran away while plaintiff was camping Marblemount area. Another party found the Yorkshire terrier and took it to defendant-veterinarian's office, the Pet Emergency Center (PEC). After being examined first by a one veterinarian, defendant-veterinarian Brown took over care and determined that the dog suffered from a life threatening condition; he then told the finders that if they did not want to pay for further care, they could have the dog euthanized. This court affirmed the trial court's decision that the medical malpractice act does not apply to veterinarians. It also affirmed the dismissal of Sexton's breach of bailment claim, finding that Brown was not a finder under relevant Washington law. The court did find that there were material issues of fact about the measure of damages, and reversed the decision to limit damages to the fair market or replacement value of the dog. Further, the court found genuine issues of material fact about whether Brown's actions were justified when viewed under the requirements of Washington's veterinary practice laws. |
Case | |
| Durocher v. Rochester Equine Clinic | 629 A.2d 827 (N.H. 1993) |
Plaintiff horse owner appealed from the orders of the Merrimack County Superior Court (New Hampshire), which dismissed his action for veterinarian malpractice for failure to designate an expert medical witness to prove that the owner's horse was permanently injured, and that defendant veterinarians' negligence caused such injury. On appeal, the court agreed that no medical expert testimony was necessary to determine whether a veterinarian was negligent in operating on the wrong animal. However, the court held that expert testimony was necessary to assist jurors in this case on the issues of causation and injury, and generally as to the standards of veterinary care. |
Case | |
| HI - Veterinary - CHAPTER 471. VETERINARY MEDICINE. | H R S § 471-1 - 18; H R S § 472-1 - 3 | HI ST § 471-1 - 18; HI ST § 472-1 - 3 | 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 |
| CO - Lien, veterinary - Part 1. Lien on Personal Property. | C.R.S.A. § 38-20-102, 103 | CO ST § 38-20-102, 103 | These Colorado laws concern liens on pet animals for persons who are entrusted with caring for the animals. Under 38-20-102, any feeder, veterinarian, or other person entrusted with the pet for feeding, keeping, boarding, or medical shall have a lien for the amount of costs incurred in the care of the animal. Any contracts (or copies thereof) made by the owner of the pet animal with the person caring for the animals may be filed with the county clerk where the owner resides (or where the contract was made for non-residents). The filing of this contract constitutes notice to the contents of the contract and the legal effect of the filing. | Statute |
| Gomez v. Innocent | 765 S.E.2d 405 (Ga.App., 2014) | 330 Ga.App. 260 (2014) | Josh Gomez took his dog, Pilot, to Pet First Animal Hospital because Pilot was lethargic and throwing up. Gary Innocent, the veterinarian, diagnosed Pilot with parvo virus that could have killed him if left untreated. Innocent gave Gomez an estimate of $1,453.25 for the dog’s care. The animal hospital required full payment up front, but Gomez could not afford to pay so Innocent accepted $400 for one night’s care. Gomez left the dog for the night and called the following day. He was informed that he owed an additional $751.25. Gomez paid the $751.25 on the following day. Upon picking up Pilot from the animal hospital he was informed that he owed an additional $484.80. Gomez could not pay the $484.80 so Innocent asked Gomez to leave Pilot at the animal hospital until the bill was paid. Gomez obliged and left Pilot there. After Pilot was at the animal hospital for 20 days, a good Samaritan paid the dog’s accrued bill of $972. Gomez sued, alleging that Innocent and PetFirst breached their contract by refusing to return the dog after he paid the amounts agreed to, but before he paid “additional sums not agreed to by the parties in their initial contract.” The trial court granted summary judgment in favor of Innocent and PetFirst. This appeal followed. Gomez claimed that the trial court erred in granting summary judgment because genuine issues of material fact existed as to the validity of the veterinary lien statute. The Court stated that Innocent was a licensed veterinarian who, at Gomez’s request, treated Gomez’s dog. Gomez signed a treatment authorization form and was informed that all professional fees were due at the time services were rendered. A detailed written estimate of the expected treatments and costs was given to Gomez which stated that the total final bill could vary from the estimate. Gomez did not present any evidence creating an issue of material fact as to the accuracy or validity of any of the charges on the itemized bill that Innocent produced. Innocent met his burden by showing that he acted properly in relying on the veterinary lien statute to retain the dog when Gomez failed to pay. The Court affirmed the trial court’s judgment. | Case |