Pleadings, Briefs, and Jury Charges

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Veterinary Malpractice: Related Pleadings

Pleading Name Citation Summary
Stein v. Prince (1995)     This Illinois action brings forth the claims of four sets of plaintiffs for various claims against defendant-veterinarian. While the specific facts concerning the alleged wrongdoings are not provided, it appears that defendant was a veterinarian who operated a medical center and animal boarding facility. Plaintiffs all raise four counts against defendant (breach of contract, negligence, malpractice, and bailment) for the deaths of their dogs.  
Medeiros v. Lloyd (1987)     Suit for damages against a veterinarian for improper treatment of a dog. Briefs drafted by Steven M. Wise, one of the best-known names in Animal Law.  
Hair v. Quail Corners Animal Hospital (1991)     Standard veterinary malpractice case for a show dog. Includes Interrogatories.  
Valpiani v. Reising (2006)     This King County, Washington motion for summary judgment sought dismissal of several of plaintiff's claims as well as a limitation to the damages that are recoverable. Plaintiffs claim that the negligence of defendant-veterinarian caused the death of their dog (defendant admitted negligence so the issue here centers on damages). The court held that plaintiffs may assert claims for loss of use, but not loss of companionship.  
Lewis v. DiDonna (2002)     In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York.  
Clark v. Cardinal Animal Care (1993)     Complaint for veterinary malpractice against veterinarian who lied about true condition of cat and performed unauthorized surgery.  
Stephanski v. Wimpy (1996)     Complaint against a veterinarian for malpractice. Plaintiff's died after neutering.  
Rappaport v. McElroy (1995)     In this California case, plaintiff sued a veterinarian for giving his exotic pet (a Serval cat), a flea treatment known to be toxic to cats. The veterinary malpractice action focused on defendant’s negligence in failing to exercise a reasonable level of knowledge and skill ordinarily possessed by others practicing veterinary medicine. In fact, plaintiff contended that it is well known in the field and indicated by the manufacturer of Spotton, that the drug should not be used on felines. Plaintiff prayed for damages in the amount of $25,000, which included lost wages, the commercial value of the cat, and loss of companionship, among other things.  
Krcmar v. Kirkland (1992)     Veterinarian abused dog, resulting in death. Veterinarian then tried to cover up his actions by improper disposal of body. This is a malpractice suit for damages. This is also a good example of "conspiracy of silence."  

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