Plits vaughn consider facts of fitzgerald case why

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PLIT’s Vaughn Consider facts of Fitzgerald case … Why should the owners of Kushka be unable to recover for their own emotional distress caused by the veterinarian? Should this veterinarian be able to hide behind the fact that most other veterinarians are honest and competent? Why would these clients’ recovery for emotional distress naturally lead to problems for biomedical, agricultural uses of animals?
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JAVMA article, April 2001 “What is the standard of care for a veterinarian, and does departure from it always spell liability?” Local versus national standard discussed Today, the national standard is almost always used
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JAVMA article, May 1, 2001 “When can a failure to inform support a malpractice claim?” “Informed consent” is raised as a central issue in malpractice claims Notes that meeting standard of care is only one issue … must inform clients as well Don’t worry about details of this article – the more recent JAVMA articles that we looked at in Session 4 are far more detailed
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Recommended readings JAVMA, February 1999 , “For what may damages be awarded in a malpractice action against a veterinarian?” JAVMA, June 1995 , “Common law and statutory defenses to a veterinary medical malpractice action” JAVMA, January 1997 , “Knowing the limits of one’s skills—referrals” JAVMA, September 1996 , “Seven malpractice traps—a page from the legal profession” JAVMA, September 1, 2000 , “Bars to a malpractice action—statutes of limitation and res judicata”
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Summary 1: Know the legal standard “A veterinarian must exercise the care and diligence ordinarily exercised by skilled veterinarians”
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Summary 2 The standard —care and diligence ordinarily exercised by skilled veterinarians— can and will change during your lifetime … Malpractice, in the eyes of the law, requires more than a mere mistake—damages needed There are different kinds of damages that might be awarded by a court A malpractice lawsuit is definitely NOT the ONLY LEGAL RECOURSE for an aggrieved client
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FYI Legislation proposed in 2003 in MA re damages for companion animals Not passed but … stay tuned You will likely see more of this kind of legislation (we review Tennessee’s “T-Bo” act in Session 7) Likely you will be asked your opinion on such changes …
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See what we are doing in next three sessions December 4— First Hour—Wildlife and law Second Hour—Research animals and law December 6— First Hour—Farmed animals and law Second Hour—Companion animals and cruelty December 8— Controlled substances
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  • Fall '06
  • Waldau
  • Law, Medical malpractice, Veterinarian, Malpractice, Veterinary Malpractice Liability

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