Archive for the ‘Uncategorized’ Category

AVMLA Webinar: PRACTICAL SOLUTIONS TO COMBAT CYBER THREATS

Tuesday, April 23rd, 2019

AVMLA CONTINUING EDUCATION WEBINAR SERIES
Sponsored by, HarrisBeach

Don’t miss this informative AVMLA webinar!

Practical Solutions to Combat Cyber Threats, presented by,
Mary Ellen Seale, Founder/CEO, National Cybersecurity Society
www.nationalcybersecuritysociety.org

June 27, 2019 – 3 PM EDT

Small businesses account for a large proportion of the U.S. economy, yet they are particularly vulnerable to the risks posed by cybersecurity threats. With 30.2 million firms employing over 58.9 million people, small businesses account for 99% of businesses in the United States. (SBA Office of Advocacy, 2018)

The National Cybersecurity Society (NCSS), a national nonprofit organization, was established to educate small businesses on IT security best practices and advise them on the type of products and services they need to protect themselves.

In this webinar, Mary Ellen Seale, CEO and Founder of the NCSS, who is a leader in national cybersecurity strategy and cyber operations having served over 30 years in Federal service, will provide an overview of the cybersecurity risks that threaten your business. Ms. Seale will outline the likelihood of these events occurring; the impact such events could have on your operations, and actionable steps you can take to protect your business.

Visit us at: www.nationalcybersecuritysociety.org

  • Price: $0.00 Quantity:
    Free to 2019 AVMLA Members
  • Price: $45.00 Quantity:
  • $0.00

Case Review: Baker v. Elam, 833 D. Supp. 2nd 576 (E.D. Va. 2012)

Monday, January 14th, 2019

By: John Scott, DVM, JD, Scott Veterinary Services
OWNER OF CHAMPION DOGS BROUGHT ACTION AGAINST VETERINARIAN UNDER MULTIPLE CAUSES OF ACTION ARISING FROM ALLEGED BREACH OF AGREEMENT TO COLLECT, STORE, AND PRESERVE 550 SEMEN SAMPLES FROM DOGS.
        Baker v. Elam, 833 D. Supp. 2nd 576 (E.D. Va. 2012)

BASIS OF THE COMPLAINT:
Baker contracted with Dr. Elam to collect, freeze, and store semen from Grady, a champion Labrador Retriever. Baker claims that the straws were ruined due to a mechanical failure but Dr. Baker failed to notify Baker of the loss for many months. Baker also claims that prior to reporting
the loss, Dr. Elam attempted to conceal the loss by encouraging Baker to transport one of the dogs for extraction of additional straws because the original samples were “bad” (not potent enough for breeding). Dr. Elam only confessed that the majority of samples had been destroyed due to his neglect after Baker ordered Dr. Elam to make further shipments to breeders. Baker further alleged that Dr. Elam had utilized methods utilized by reasonably prudent veterinarians to freeze semen for
breeding purposes.

LEGAL PROCEEDINGS:
Baker’s complaint alleged six counts: (1) Breach of Implied Contract; (2) Veterinary Malpractice; (3) Negligent Misrepresentation; (4) violation of the Virginia Consumer Protection Act (VCPA); (5) Breach of Bailment Duty; and, (6) Constructive Fraud. Baker also requested statutory attorneys’ fees and punitive damages. Dr. Elam moved to dismiss the claims for negligent misrepresentation, violation of the VCPA, constructive fraud, attorneys’ fees, and punitive damages.

DISCUSSION OF THE COURT:
Violation of the VCPA and Attorneys’ Fees:
After listing the requirements for a “consumer transaction” under the VCPA, the court ruled that the transaction at issue was not a consumer transaction and Baker was ineligible for relief under the VCPA. In his Complaint, Baker claimed he intended to sell 100% of the dogs’ semen for
breeding, that he is not a breeder, and Grady was in high demand as a sire. However, in response to Dr. Baker’s motions to dismiss, Baker contradicted his original statements and argued that the samples were for his “personal enjoyment”, that he is a “consumer”, and that he breeds dogs for his
personal enjoyment. The court reasoned that No one would create 550 samples of canine semen unless he intended to sell the samples, that such sales would not be a consumer transaction, and that the transaction between Dr. Elam and Baker was merchant-to-merchant and not encompassed within the scope of the VCPA. Therefore, Baker’s VCPA claim should be dismissed. Accordingly, Blake’s claim for statutory attorneys’ fees under the VCPA must also be dismissed.

Constructive Fraud:
A finding of constructive fraud requires clear and convincing evidence that one has represented as true what is really fact, in such a way as to induce a reasonable person to believe it, with the intent that the person will act on this representation. The claimant must plead, with particularity, facts to support all the elements, including the time, place and contents of the false misrepresentations as well as the identity of the person making the misrepresentation and what he obtained thereby. Mere allegations of fraud by hindsight will not satisfy the requirements. Since Baker simply pled bare contentions without stating the times, places, and substance of the misrepresentations, the court was bound to dismiss the claim for failure to satisfy the pleading requirements.
Negligent Misrepresentation:
Virginia courts fo not recognize negligent misrepresentation as a separate cause of action from that of constructive fraud. Therefore, the negligent misrepresentation claim must also be dismissed.
Punitive Damages:
Punitive damages are recoverable only where there is misconduct or malice, or such recklessness or negligence as evinces a conscious disregard for the rights of others. To survive a motion to dismiss, a complaint must contain a sufficient factual matter which, accepted as true, states
a claim to relief that is plausible on its face. Since Baker has stated a plausible claim for reckless activity in this case, dismissal would be improper at this time. The question of punitive damages should be reserved for summary judgment.
JUDGMENT:
The court grants Dr. Elam’s motions to dismiss with respect to Negligent Misrepresentation, violation of the VCPA, Constructive fraud, and attorneys’ fees and denies the motion for dismissal of Baker’s claims for punitive damages.


Case Review – Salas v. Wellington Equine Assoc., 215 WL 12556296 (D. Fla. 2015)

Monday, January 14th, 2019

VETERINARIAN, ACTING AS ASSISTANT SURGEON, FILED MOTION FOR FINAL SUMMARY JUDGMENT AND VETERINARIAN’S WIFE, ACTING AS NURSE ANESTHETIST, FILED MOTION FOR PARTIAL SUMMARY JUDGMENT IN ACTION FOR VETERINARY MALPRACTICE RESULTING IN INJURY TO A HORSE.

Salas v. Wellington Equine Assoc., 215 WL 12556296 (D. Fla. 2015)

BASIS OF THE COMPLAINT:
Plaintiff, Camilo Salas, a licensed attorney proceeding pro se, is the owner of a horse that underwent a surgical procedure at Wellington Equine Associates and alleges that Katherine Schachter and Dr. Ben Schachter committed professional negligence or malpractice in connection with the surgery on the horse’s leg. During the surgery, Mrs. Schachter acted as nurse anesthetist and Dr. Schachter acted as assistant surgeon. Dr. Alan Nixon acted as primary surgeon. Mr. Salas alleges Mrs. Schachter committed professional negligence in that the horse was kept under anesthesia for far too long resulting in injuries to the horse. Salas alleges that Dr. Schachter committed veterinary malpractice and/or negligence for performing an excessively long surgery and failing to take proper steps to prevent post-anesthetic myopathy and jugular thrombosis. Mr. Salas
signed an Authorization for Treatment giving permission to Wellington Equine Associates to perform: general anesthesia; tenoscopy; post-surgical care; and, hospitalization. The Authorization also provided that Mr. Salas agreed to hold Wellington Equine Associates, its doctors, and employees
harmless from circumstances arising out of the performance of their duties, and that the risks associated with the named procedures had been explained to him and he understood them fully.

LEGAL PROCEEDINGS:
Dr. Schachter and Mrs. Schachter filed Motions for Final Summary Judgment and Partial Final Judgment, respectively, based on the clear language of the Authorization which Mr. Salas understood and agreed to.
Mr. Salas, in his opposition to the motions, contends that the Authorization does not hold the Schachter’s harmless for their own negligent acts, and, even if it did, the Authorization does not apply in this case because the Defendants performed an adhesiolysis on the horse, a procedure that
Salas maintains he had no knowledge of, and it was not listed as a procedure in the Authorization.

DISCUSSION OF THE COURT:
The Court found that there existed a material issue of fact as to whether the Authorization even applied since there was a question as to what procedures, specifically the adhesiolysis, were authorized. In support of his contention that the adhesiolysis was performed, Mr. Salas cites Dr.
Nixon’s Surgery Report which includes adhesiolysis as a surgical procedure performed on the horse. The Court noted that an adhesiolysis was not one of the procedures listed in the Authorization.
Mr. Salas also set forth sufficient evidence beyond the pleadings to show that a reasonable jury could find in his favor on the issues of professional negligence or malpractice. Mr. Salas submitted the Case Report of Robert Boswell, D.V.M. in which he opined that: (1) the horse
developed myositis and radial nerve paralysis as a result of prolonged hypotension during anesthesia; (2) once the risk for developing laminitis was identified, preventative measures should have been
implanted immediately; and, (3) once the horse was diagnosed with laminitis, aggressive emergency treatment should have been administered immediately. Dr. Boswell found that all three actions or inactions represented a breach of the standard of veterinary care which resulted in the horse’s injuries. Salas also submitted the Case Report of Elaine Carpenter, D.V.M. in which Dr. Carpenter opined that myopathy of the muscles in the left forelimb is likely due to prolonged anesthesia with
low mean blood pressure.

DECISION OF THE COURT:
The Court found that Mr. Salas had provided sufficient evidence, viewed in the light most favorable to the Plaintiff to survive summary judgment, that there was evidence to support Mr. Salas’ claim that Mrs. Schachter had committed professional negligence arising out of her work as the nurse anesthetist because medical experts opined that injury to the horse occurred, in part, because of prolonged anesthesia, and that Salas had set forth evidence to support the allegations that Dr. Schachter committed veterinary malpractice and/or negligence for performing an excessively long surgery and failing to take proper steps to prevent the post-anesthetic injuries.

Katherine Schachter’s Motion for Partial Final Summary Judgment and Dr. Ben Schachter’s Motion for Final Summary Judgment was denied.

An Introduction to the AVMLA

Thursday, December 20th, 2018

The AVMLA offers membership to licensed veterinarians and attorneys;
veterinary and law students and others with an interest in the field. The
AVMLA counts among its members’ pioneers and leaders in the field of veterinary medical law. Click here to see what the AVMLA has to offer you!

AVMLA Membership Drive

Friday, November 2nd, 2018

Renew your AVMLA Membership today!

AVMLA Webinar 6-29-2016

Wednesday, May 25th, 2016

Top 20 Best Practices for Employee Handbooks and Employment Policies Webinar, Wednesday, June 29, 2016, 3 pm ET – Presenter:  Shelbie J. Byers

Click here to register.

AVMLA Committee Members Call

Saturday, July 18th, 2015

The AVMLA is seeking members interested in joining the following committees.  For more information, please contact [email protected].

Membership
Webinar
Newsletter

 

21st Annual AVMLA Education Conference

Monday, February 24th, 2014

Be sure to SAVE-The-Date for the 21st AVMLA Conference- Denver, July 26-27, 2014  Details coming soon!

21st AVMLA Continuing Education Conference – Denver!

Monday, February 24th, 2014

Join the AVMLA for the 21st AVMLA Conference- Denver, July 26-27, 2014.  The AVMLA Education Meeting will be held at the Marriott City Center in Denver, Colorado during the AVMA Annual Convention on July 26-27th. Call Wyndam Jade (the AVMA housing provider) at 888-326-6541 and ask for a room at the Marriott City Center for the AVMLA meetings on July 26-27th.

 

 

AVMLA Exhibits at NAVC 2014!

Sunday, January 19th, 2014

The AVMLA is exhibiting at the NAVC in FL.  Stop by Booth #133 and meet our current President, John Owens and Executive Director, Andrea Ball!

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