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Showing 7 posts in Veterinary Malpractice.

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.


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.

Listen to a recording of the radio broadcast

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

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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. 


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.

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