Veterinarian Issues

Summary: This case concerns the untimely death of a female racehorse, whose owners brought this veterinary malpractice action against the veterinarians that treated this mare. Her owners sought reimbursement for her future potential racing earnings, her future potential earnings as a brood mare, and recovery of monies owed for veterinary services rendered. However, the court held that the sole cause of the condition that led to the mare's death was the owner's failure to administer a proper worming program to the mare, not the actions of the veterinarians. The court held that the veterinarians could not have administered treatment to save the mare, and therefore had not committed malpractice.

Summary: This New Mexico regulation appears to allow permissive reporting of animal cruelty by veterinarians. Subsection (T) states: "The reporting of cruelty or illegal action is not a violation of confidentiality."

Summary: This Alaska regulation appears to allow permissive reporting of suspected animal abuse by veterinarians.

Summary: 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.

Summary: 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

Summary: This article provides an overview of the history and current status of veterinary malpractice in the United States. It delves into the specifics of this cause of action, legal an nonlegal alternatives, and defenses.

Summary: In this unpublished case, plaintiff’s cat “Amor” was euthanized after being diagnosed with heart failure disease and saddle thrombus. At the hospital, plaintiff was visibly affected by the death of his cat, who he was allowed to say goodbye to. Plaintiff also talked and sang to Amor’s body until the body was retrieved. Plaintiff was informed that during the procedure Amor had bitten one of the nurses and that state law required a brain tissue sample to rule out rabies. Plaintiff informed the veterinarian of his wish to display Amor's body for viewing prior to cremation in two different instances. Neither the procedure or alternative procedures were explained to the plaintiff. At the body’s viewing, the plaintiff discovered that his cat had been decapitated. Plaintiff became extremely emotional after discovering his cat’s head had been disposed of as medical waste. As a result of the decapitation, plaintiff developed several severe mental health issues. Plaintiff filed a claim alleging negligent infliction of emotional distress, negligence, and bailment. The case was dismissed for Plaintiff’s failure to state a claim upon which relief may be granted. Plaintiff appealed the decision alleging that the lower court had mistakenly applied the standard of the bystander negligent infliction of emotional distress, instead of a direct liability claim and error in dismissing his remaining negligence and bailment claims. The court agreed with the plaintiff and reversed the dismissal and remanded for further proceedings. On the count of negligent infliction of emotional distress, the court held that plaintiff’s claim did not fall under the "bystander" liability as his severe emotional distress arose after the passing of his cat and upon seeing his cat's decapitated body. Additionally, the court stated that plaintiff’s “emotional reaction combined with the fact that defendant was twice on notice that plaintiff intended to have a viewing of his cat's body prior to cremation established that defendants owed plaintiff a duty.” Defendants breached this duty by being on notice of plaintiff emotional distress and failing to properly inform plaintiff of the typical procedure of decapitating the cat for rabies testing, inform him of alternative testing procedures, and failing to request that the cat's head be returned after decapitation and prior to the showing. Suffering of plaintiff’s illnesses was still to be determined. The court found that the plaintiff “had pleaded a direct claim of negligent infliction of emotional distress sufficient to withstand a motion to dismiss for failure to state a claim.” A claim of bailment had also been appropriately pleaded since plaintiff had given defendants control of his cat's body and defendant returned it in a damaged condition.

Summary: This law enacted in 2021 provides that a State or local law enforcement agency that removes from duty a dog used in law enforcement work shall reimburse an individual who, under a written agreement with the law enforcement agency, takes possession of the dog on or after October 1, 2020, for reasonable and necessary veterinary treatment provided to the dog. Public donations may be accepted and distributed to the K-9 Compassionate Care Fund. Reimbursement may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog. Costs may not exceed $2,500 during a calendar year and $10,000 over the life of the dog.

Summary: This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer.

Summary: 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.