• Hero Banner
  • ACVCACVC
  • DVM 360
  • Fetch DVM 360Fetch DVM 360
DVM 360
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
By Role
AssociatesOwnersPractice ManagerStudentsTechnicians
Subscriptions
dvm360 Newsletterdvm360 Magazine
News
All News
Association
Breaking News
Education
Equine
FDA
Law & Ethics
Market Trends
Medical
Products
Recalls
Regulatory
Digital Media
dvm360 LIVE!™
Expert Interviews
The Vet Blast Podcast
Medical World News
Pet Connections
The Dilemma Live
Vet Perspectives™
Weekly Newscast
dvm360 Insights™
Publications
All Publications
dvm360
Firstline
Supplements
Top Recommended Veterinary Products
Vetted
Clinical
All Clinical
Anesthesia
Animal Welfare
Behavior
Cardiology
CBD in Pets
Dentistry
Dermatology
Diabetes
Emergency & Critical Care
Endocrinology
Equine Medicine
Exotic Animal Medicine
Feline Medicine
Gastroenterology
Imaging
Infectious Diseases
Integrative Medicine
Nutrition
Oncology
Ophthalmology
Orthopedics
Pain Management
Parasitology
Pharmacy
Surgery
Toxicology
Urology & Nephrology
Virtual Care
Business
All Business
Business & Personal Finance
Buying or Selling a Practice
Hospital Design
Leadership & Personal Growth
Personnel Management
Practice Finances
Practice Operations
Technology
Wellbeing & Lifestyle
Continuing Education
Conferences
Live Conferences
Conference News
Conference Proceedings
Resources
CBD in Pets
Contests
Veterinary Heroes
Partners
Spotlight Series
Team Meeting in a Box
Toolkit
Top Recommended Veterinary Products
Vet to Vet
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us

© 2023 MJH Life Sciences and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

Advertisement
By Role
  • Associates
  • Owners
  • Practice Manager
  • Students
  • Technicians
Subscriptions
  • dvm360 Newsletter
  • dvm360 Magazine
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us
  • MJHLS Brand Logo

© 2023 MJH Life Sciences™ and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

Arizona court denies emotional distress appeal

February 1, 2010
Rachael Zimlich, BSN, RN

Arizona court joins ranks with California and Vermont judges in saying "no" to emotional damages cases

PHOENIX — The question of whether the loss of a pet entitles an owner to compensation for emotional damages surfaced again in the Arizona Court of Appeals.

This newest case centers on a 2005 conflict between a bird owner and a veterinarian in Scottsdale. The pet owner, David Kaufman, purchased a scarlet macaw named Salty in 1996. The bird was diagnosed in May 2005 with a cloacal prolapse, where an internal sac used primarily for bodily waste storage is forced outside the body, according to court records. Scottsdale veterinarian Dr. William Langhofer consulted with Kaufman several times, eventually performing two operations that corrected the cloacal prolapse but reportedly left the bird with another problem, uterine prolapse. The bird died, and Kaufman sued for medical negligence, destruction of personal property and special damages for emotional pain and suffering and the loss of companionship.

Advertisement

The original lawsuit ended without compensatory awards, but the case was appealed with the help of the Animal Defense League of Arizona.

The Arizona Veterinary Medical Association reiterated its position by saying the allowance of emotional distress damages against veterinarians would drive veterinary medical costs higher than many pet owners can afford.

In the end, case law helped support the appeal court's denial of Kaufman's claim.

"We recognize the reality of a pet owner's grief when his or her pet is negligently injured or killed. Nevertheless, we do not believe it reasonable to expand tort law to allow a pet owner to recover emotional distress or loss of companionship damages when such damages cannot be recovered for the injury to or loss of close human friends, siblings and non-nuclear family members," the court documents say.

California and Vermont courts recently made similar rulings, and none of the many new animal welfare laws proposed last year have opened the door to emotional distress damages for animals.

Related Content:

Law & Ethics
Updates on state legislation for veterinary virtual care
Updates on state legislation for veterinary virtual care
Off to the Races with the xylazine state of affairs
Off to the Races with the xylazine state of affairs
Midwest Veterinary Supply pleads guilty to introducing misbranded drugs
Midwest Veterinary Supply pleads guilty to introducing misbranded drugs

Advertisement

Latest News

Integrative approach to treating Giardia lamblia infections

Innovative digital microscopy platform is launched

Enhanced pet health and wellness app now available

Advice on dog and cat seasonal allergies with air quality threats

View More Latest News
Advertisement