Veterinarians

Posted almost 2 years ago. Applies to Las Vegas, NV, 3 helpful votes

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1

Pet Damages

Given the number of animal veterinary interactions that occur on a daily basis, and given the reality that not all these interactions have a successful outcome, the possibility of lawsuits is always present. One factor that has kept the number of lawsuits at a minimum level in the past is the low amount of damages awarded for the injury to animals. (See, Pet Damages Topic Area for full discussion of damage calculations for injury to animals.) The financial consequences of these lawsuits is becoming more expensive for veterinarians and their insurance companies. Whereas in the 1970's the financial cost of malpractice tended to be no more that the market value of the animal, in the mid-1990's lawsuits often settled at the $5,000- $10,000 level

2

Professional standards

In law, malpractice is a type of negligence in which the professional under a duty to act fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.

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Animal welfare

Prior to 1966, no U.S. federal law addressed laboratory animal welfare. Local humane societies actively promoted responsible treatment of pets and farm animals. Concurrently, the scientific community was improving the quality of animal care and well-being in the research laboratory. During this time the increasing need for dogs and cats in research was partially fulfilled by animal dealers who obtained these animals in various ways and sold them to research laboratories.

4

Standard of care

In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the 'Bolam Test') is used to determine whether a doctor is liable for medical malpractice. The standard of care is important because it determines the level of negligence required to state a valid cause of action.

5

Professional standard of care

In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person. It was famously described in Vaughn v. Menlove (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances."

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Medical standard of care

In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the 'Bolam Test') is used to determine whether a doctor is liable for medical malpractice. The standard of care is important because it determines the level of negligence required to state a valid cause of action.

7

Defendant-veterinarian's conduct fell below the professional standard

the defendant must be under a duty of care toward the animal in question. This means that the veterinarian had accepted responsibility to treat the animal that the owner brought to his or her office. Second, the actions or inaction of the veterinarian must have fallen below the professional standard of care. Expert testimony from other veterinarians is often used to establish that the defendant-veterinarian's conduct fell below the professional standard. This varies according to the state, but generally it means that the veterinarian did not act with reasonable skill, diligence, and attention as would ordinarily be expected of other veterinarians in the community. Third, this deviation from the standard of care must have been the cause or proximate cause of the animal's injury. In the first example above, the veterinarian's inaction with Fido caused the dog to die.

8

t's often said that "the standard of care is a moving target,"

t's often said that "the standard of care is a moving target," and nowhere is that more true than in veterinary medicine. Over the last ten years, the level of care available to pets has skyrocketed. We've become more accepting of the need for pain management in pets, realized that we were probably vaccinating more than we need to, and recognized that good oral health is critical for good health in general. Specialists in surgery, cardiology, internal medicine, ophthalmology, dermatology, oncology, radiology and other fields have left the teaching hospitals and begun serving most large cities. There's never been a time when we could provide such advanced medical care for our pets. But there's also never been a time when the veterinary standard of care was up for so much debate, either

Additional Resources

Howard Roitman, Esq. 8921 W. Sahara Ave. Las Vegas, NV 89117 (702) 647-8550

Biography

Standards of Veterinary Care

Nevada State Bar

Dog Bite Overview

Being a pet foster parent.

Judgments : How long can someone pursue money

A liability insurance carrier is not required to pay any money above the liability limits

Common law

Defendants are jointly and severally

Damages in Personal Injury Cases- How much is my case worth

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