In so far as punitive and noneconomic damages argues

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in so far as punitive and noneconomic damages” Argues that harms are rare, and therefore should not be allowed: “ There can be no foundation for supporting legislative models that would … recognize own claims for emotional damages.
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The PLIT reading (Vaughn) Revision of the age-old legal standards of animal valuation for the sake of companion animals will have unintended consequences that ramify far beyond mere malpractice insurance rates.” → → Specifically mentions “biomedical research activities, production medicine, the use of sporting animals, animal agriculture at large” In Session 5 we look at the Fitzgerald case … Ask, why should those owners be disadvantaged and the veterinarian advantaged by the fact that most other veterinarians are honest and competent?
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JAVMA 2005 article Effects of veterinary board disciplinary actions on veterinarians licensed in multiple states” (December 15, 2005) Editor’s Note began … … “recently the relationship between veterinary medicine and the law has become more important than ever .”
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JAVMA 2005 article, cont. Effects of veterinary board disciplinary actions Continues, “Increasingly owners dissatisfied with the treatment of their pets are turning to the courts for redress, and increasingly, the courts are ignoring the traditional view of animals as property … and are awarding monetary damages in excess of fair market value to pet owners who successfully sue for wrongful injury or death of an animal.”
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Past exam question “Name four different kinds of legal damages that might be awarded in a malpractice action against a veterinarian?” Market Value Damages Compensatory Damages (e.g., costs incurred with 2d vet to fix problem) Emotional Distress Damages Punitive Damages
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Past exam question What are punitive damages?
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Wills and trusts Tremendous changes in this area Brand case— courts tapping into arguments that come from beyond the legal system “Ferment” … amendments in the Uniform Trust Code (1) Validate enforceable trusts for the care of domestic or pet animals (1990), and (2) To allow a trust to provide for a pet during the owner's lifetime and beyond, terminating on the death of the animal (2000). More changes coming → → →
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JAVMA News — August 15, 2006 - Senior pets “Veterinarians are seeing more and more senior pets.” % of cats and dogs 6 years of age or older jumped noticeably between 1987 and 2001 (U.S. Pet Ownership & Demographics sourcebooks)
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JAVMA News — August 15, 2006 - Senior pets % of owned dogs age 11 or older increased from 14.6% in 1987 to 15.5% in 2001 % of owned cats age 11 or older increased from 10.6% in 1987 to 16.8% in 2001 % of dogs age 6 to 10 rose from 27.1% to 31.2% % of cats age 6 to 10 rose from 17.9% to 25.7%
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JAVMA Dec 2005 article Effects … disciplinary actions on veterinarians licensed in multiple states Editor’s Note about “the law has become more important than ever” followed with this observation: “Several states now allow owners to establish trust for their pets, and several courts have been called on to decide which owner should have legal custody of the family pet following a divorce or separation .”
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Past exam question Can a client establish a trust for his or her companion animal?
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