Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Zimmerman v. Robertson | 854 P.2d 338 (Mont. 1993) | 259 Mont. 105 (1993) |
Defendant-veterinarian was contracted to castrate plaintiff’s horse. Post-surgical care resulted in a fatal infection of the horse. The court found that, indeed, expert testimony is required in malpractice cases, as negligence cannot be inferred from the existence of a loss. The court disagreed with plaintiff that defendant’s own "admissions" in his testimony at trial provided sufficient evidence of deviation from the standard of care to withstand a directed verdict by defendant. As to plaintiff’s argument regarding a lack of informed consent, the court noted that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an "element" in an otherwise specifically alleged claim of professional negligence. |
Case |
| Zimmerman v. Robertson | 854 P.2d 338 (Mont. 1993) |
Plaintiff horse owner sought review of a judgment by the District Court of Yellowstone County, Thirteenth Judicial District (Montana), which entered a directed verdict in favor of defendant veterinarian on the owner's claims of professional negligence. On appeal, the court affirmed the trial court's decision, holding that the owner was required to prove the veterinarian's negligence by expert testimony, and that he failed to do so. In addition, the court The court found that the "defendant's admissions" exception to the expert testimony requirement did not apply because the veterinarian did not admit that he deviated from the standard of care. |
Case | |
| Zeid v. Pearce | 953 S.W.2d 368 (Tex.App.-El Paso, 1997) |
Richard and Susan Zeid appeal from the trial court's order dismissing their lawsuit against Dr. William Pearce, d/b/a Coronado Animal Clinic, for veterinary malpractice after the dog suffered from allergic reactions resulting from alleged negligent vaccinations. The court observed that, in Texas, the recovery for the death of a dog is the dog's market value, if any, or some special or pecuniary value to the owner that may be ascertained by reference to the dog's usefulness or services. Consequently, the court found this longstanding Texas rule to be inconsistent with the Zeids' claim for pain and suffering and mental anguish. Because the Zeids did not plead for damages for the loss of their dog that are recoverable in Texas, the trial court did not err in sustaining Dr. Pearce's special exception and dismissing their cause of action. |
Case | |
| WY - Veterinary - Chapter 30. Veterinarians | W. S. 1977 §§ 33-30-101 to 225 | WY ST §§ 33-30-101 to 225 | 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 |
| WY - Impound - § 33-30-215. Disposition of unclaimed animals in custody of veterinarians; | W. S. 1977 § 33-30-215 | WY ST § 33-30-215 | This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned. It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit. | Statute |
| WY - Cheyenne - Title 6: Animals (Chapter 6.12: Pet Registration) | Cheyenne City Code §§ 6.12.010 - 6.12.030, 6.04.040, 1.24.010 |
According to these Cheyenne, Wyoming ordinances, a person must annually register his or her pet with an animal control authority and, to do so, a person may take his or her pet to a Cheyenne veterinarian. A tag issued by a Cheyenne veterinarian at the time of a rabies vaccination serves not only as proof of current a rabies vaccination, but also as proof of a current pet registration for Cheyenne/Laramie County. Cheyenne veterinarians must also provide the animal control authority with a current rabies vaccination/registration listing each month. Penalties for violating these provisions are also provided. |
Local Ordinance | |
| WV - Veterinary - Article 10. Veterinarians. | W. Va. Code, § 30-10-1 to 24 | WV ST § 30-10-1 to 24 | 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 |
| WV - Lien - § 38-11-4. Lien of bailee of animals or vehicles | W. Va. Code, § 38-11-4 | WV ST § 38-11-4 | This West Virginia law (as it relates to animals) states the a person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. The purchaser of such an animal, while out of the possession of the person claiming the lien, can take the property free of the lien unless he or she had actual notice of the lien at the time of purchase. | Statute |
| Willoughby v. Board of Veterinary Examiners | 483 P.2d 498 (N.M. 1971) | 82 N.M. 443 (1971) |
Donald Wayne Willoughby, D.V.M., successfully appealed the suspension of his license for 180 days at the district court level. In an appeal by the Board of Veterinary Examiners, the Supreme Court found the Board's findings of fact are supported by substantial evidence based on an examination of the entire record. The Court stated that the trial judge substituted his own judgment in reversing the decision of the Board, rather than basing his reversal upon any of the grounds set forth in the statute. While the Court affirmed the order of revocation, it held that there no language within the Uniform Licensing Act that gives the Board the power to place the appellee on probation after the period for which his license has been suspended. |
Case |
| Williams v. Reynolds | 263 S.E.2d 853 (N.C.App., 1980) | 45 N.C.App. 655 (N.C.App., 1980) | This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case. | Case |