Main Menu Back to Page
{ Banner Image }

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.

In a case from Pennsylvania, that state’s law applicable to veterinarians was applied to, and barred, a veterinary malpractice case. In that case, a trainer hauled a client’s horse to a veterinary clinic late at night. Initially, the first veterinarian who saw the horse thought it was colicking, but when the horse did not respond to standard treatment, he contacted another veterinarian. In an attempt to make a diagnosis, the second veterinarian performed an abdominal tap (extracting fluids from the abdominal cavity by needle). Afterwards, at about 3:30 a.m., the horse was taken to the University of Pennsylvania for surgery where it was later discovered the abdominal tap needle had pierced the horse’s intestine allowing an infection to develop. The plaintiff horse owner argued the abdominal tap caused the horse’s death.

In defense, the veterinarian asserted the horse’s distress created an emergency and, therefore, Pennsylvania’s Veterinary Immunity Act (Good Samaritan law) prevented liability unless the plaintiff could prove gross negligence on part of the veterinarian. The court agreed and held “[the veterinarian] was confronted with an emergency medical condition . . . [and] acted with all deliberate speed and medical acumen to examine the horse and conclude that it needed treatment that could only be provided by a veterinary hospital in another county.”

Pennsylvania’s good samaritan statute, 42 Pa. C.S.A. § 8331.1, states:

Veterinary Good Samaritan civil immunity – (a) General rule. Any individual licensed to practice veterinary medicine who, in good faith, renders emergency care to any animal which such individual has discovered at the scene of an accident or emergency situation or which has immediately prior to the rendering of such care been brought to such individual’s attention at or from the scene of any accident or emergency situation shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care, except any acts or omissions intentionally designed to harm, or any grossly negligent acts or omissions which result in harm to the animal.

(b) Definition. As used in this section, ‘good faith’ shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the animal is hospitalized.

(c) Exception. This section shall not apply where the owner of the animal is in attendance and can be consulted as to the proposed action by the veterinarian.”

The Pennsylvania case was: Hoffa v. Bimes, 2008 WL 3126320 (Pa. Super. 2008).

Few states have comparable laws, but veterinary malpractice cases can be complex and time-sensitive. Consult with a knowledgeable lawyer if you suspect veterinary malpractice.

Categories: Veterinary Malpractice

Photo of Julie I. Fershtman
Shareholder

is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

View All Posts by Author ›

Type the following characters: foxtrot november whisky whisky sierra

* Indicates a required field.

Subscribe to RSS»
Get Updates By Email:

Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

Julie Fershtman’s Recent and Upcoming Equine Law Speaking Engagements Include:

National Conference on Equine Law in Louisville, Kentucky on April 29, 2020. Topic will be on Waivers/Releases of Liability Involving Minor Participants. 

U.S. Hunter Jumper Association (USHJA) Annual Convention in Denver, Colorado on December 10, 2019. Topic will be on Equine Liability. 

IRMI Emmett J. Vaughan Agribusiness Conference (“AgriCon”) in Sacramento, CA (April 2019), and Richmond, VA (June 2019) and in Des Moines, IA (September 2019), on topics of “Equine Activity Liability Acts” and “Equine Mortality Insurance Disputes.”

National Conference on Equine Law in May 2019 in Lexington, KY, on the topic of “Equine Activity Liability Act Updates” and liabilities involving hosting of equine clinics. 

Agricultural Claims Conference in Kansas City, MO, in March 2019 on topics of “Loose Livestock Liabilities.”

2018 American Bar Association Annual Meeting in Chicago, IL, on “Equine Mortality Coverage and Disputes.”

November 2018, American Horse Council webinar on “Equine Liability.”

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 

What our Equine Law Services can Provide

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 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, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association 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.

Follow Us on Twitter!

Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers