Showing 8 posts in Veterinary Malpractice.
Legal Ramifications of Providing Veterinary Advice Online
What happens when people give veterinary or legal advice online – but they’re not even veterinarians or lawyers? In the horse industry, this is a surprisingly common occurrence.
Learn more by reading a new Horse Illustrated article on the subject, quoting our own Julie Fershtman: horseillustrated.com/veterinary-advice-online.
Categories: Animal Abuse, Did you Know?, Liability, News, Veterinary Malpractice
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The Effect of State Good Samaritan Laws on Vet Malpractice Claims
State “Good Samaritan laws” are generally designed to protect medical caregivers from lawsuits that arise from negligent acts as long as the caregivers have acted voluntarily (not for compensation) at the time of service. With some of the laws, liability only exists where the injured patient can prove that the defendant was grossly negligent. Read More ›
Categories: Veterinary Malpractice
When Veterinary Malpractice Seems So Obvious That No Expert is Needed
In a typical veterinary malpractice case, the plaintiff (the party suing the veterinarian) must retain a qualified expert witness in an attempt to prove that the veterinarian breached an applicable standard of care and that the breach, and not something else, caused the horse to be injured. Finding the right expert takes effort, and paying the right expert for his or her evaluation and time can be expensive.
In some cases, however, the facts are so compelling that courts have found that no expert witness is deemed necessary. Here are some of those cases: Read More ›
Categories: Veterinary Malpractice
It Looks Like Veterinary Malpractice, But it’s Not
Not every claim against a veterinarian is really a claim of veterinary malpractice. A small number of cases involving veterinarians are more appropriately brought as a claim of ordinary negligence on part of the veterinarian or the staff. Read More ›
Categories: Liability, Veterinary Malpractice
How Can a Contract Authorize the Trainer or Boarding Stable Owner to Handle Veterinary Emergencies in the Owner’s Absence?
In January 2013, Julie was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Question
Some boarding contracts in the equine industry ask owners to give their consent for veterinary services. What is your opinion of these kinds of clauses? Read More ›
Categories: Boarding, Contracts, Veterinary Malpractice
Stablemen’s Lien Laws – Part 1: What They Are
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. Some of these laws also give special lien rights to people who provide services to horses, such as veterinarians or farriers. These laws are often referred to as “stablemen’s lien laws” or “agisters lien laws.” They differ widely across the country and usually explain: Read More ›
Categories: Boarding, Regulatory, Sales/Disputes, Veterinary Malpractice
Horse Tip Daily #496 - Veterinary Malpractice 101
This segment addresses the basics of veterinary malpractice - what it is and what it isn't.
Categories: Liability, Radio Broadcasts, Veterinary Malpractice
Veterinary Malpractice - More Complex Than You Think
Veterinary malpractice cases are filed far less frequently than medical malpractice cases. Why? The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns. Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human. Read More ›
Categories: Liability, Veterinary Malpractice
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.
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