Board of Directors
2019 |
President
John Thomas, Esq.
Secretary-Treasurer
DISTRICT DIRECTORS
District I:
Frank Muggia, Esq.
District II:
Marty Greer, DVM
District III:
Donna Kline, JD
At Large:
Jerry A. Greene, DVM, MS
At Large:
Elizabeth Choate, Esq.
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| STAY IN TOUCH! |
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AVMLA Contacts:
202.449.3818 phone
202.449.8560 fax
EMAIL:
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TAKE A CLOSER LOOK AT WHAT WE CAN DO FOR YOU!
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Dear AVMLA Member,
The AVMLA is celebrating its 25th Anniversary in 2019. Offering wonderful member benefit enhancements will highlight this celebration. These enhancements include access to year-round professional development through our FREE monthly e-Learning webinars, monthly AVMLA News Brief e-Newsletter, a two-day conference in conjunction with AVMA, the new workshop teaching program being initiated at several law schools around the country as just a few of the programs and opportunities to expand your knowledge and practice to look forward to.
I invite you to take a closer look at the AVMLA and what we have to offer you by clicking here.
If you have been a long-term supporter of the AVMLA or are joining us for the first time, we invite you to take a closer look at what the AVMLA has to offer!
The AVMLA's core mission provides a clear message of
who we are
, what we stand for and where our value lies.
- Provide information to members regarding pertinent issues in the field of veterinary medical law.
- Increase public awareness and understanding of the impact of law on all aspects of veterinary medicine.
- Facilitate interactions among organizations, regulatory agencies and the courts for the benefit of society.
A
s a member you receive a discounted rate to attend the AVMLA Annual National Continuing Education Conference. Be sure to save-the-date for this year's AVMLA Conference in Washington DC on August 3-4, 2019!
If you are not an AVMLA member,
join today by visiting
AVMLA.org. We look forward to your participation in the AVMLA's top-notch educational programs while earning continuing education credits. For just $150, you can enjoy all of these valuable benefits plus a network of colleagues who understand veterinary representatives and veterinarian's unique challenges.
We look forward to meeting you in the New Year as you access the offered programs and resources. Be sure to drop by
booth 3238 at WVC 2019 in Vegas, February 17-20, I would love to meet you in person!
Thank you for your continued support of the AVMLA.
Andrea Ball
Executive Director
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Upcoming AVMLA 2019 Events
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Come and See AVMLA in Vegas at WVC!
February 17-20, 2019
Mandalay Bay
Exhibitor Booth 3238
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AVMLA 25th ANNUAL CONFERENCE
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Please Save-The-Date
Watch for registration details coming soon!
The AVMLA's two-day conference brings together some of the most well respected, top professionals in the veterinary legal and medical field.
To be considered as a presenter, please send an email to [email protected], proposals are due by January 31st.
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| The Legal Perspective |
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From Bees to Livestock: The AVMA Continues to Advocate for Animal
Health and Safety
By: Frank C. Muggia, Partner,
The AVMA has been working tirelessly toward a federal regulation that would govern the use of medically important antibiotics in animal feed in an effort to promote animal health and welfare, and in turn, human health. The Veterinary Feed Directive ("VFD") mandates that producers of livestock and other food producing animals obtain veterinary approval before using feed containing "medically important" antibiotics. The overarching goal of the VFD is to address concerns that using antibiotics in food are contributing to antibiotic resistance in people. With the new regulation in place, antibiotics may no longer be used to promote growth, feed efficiency, or milk production; they are to be used only where deemed medically necessary.
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nder the VFD, a valid veterinarian-client-patient relationship (VCPR) must be established before an antibiotic order
can be placed. Veterinarians must also demonstrate compliance with state and federal laws related to the VCPR.
Under federal guidelines, a VCPR exists where the veterinarian: (1) assumes responsibility for making medical judgments regarding the health of the animal and the need for medical treatment; (2) has sufficient knowledge of the animal's health to make a general or preliminary diagnosis; and (3) is readily available for follow-up in case of an adverse reaction or failure of the therapeutic regimen. Notably, all of this information also applies to honey bees, the only insect that is considered a food-producing animal. Prescriptions required under the VFD can be filled from a licensed pharmacy or feed mill.
For our friends with fur, fins, feathers, and the like, the AVMA is currently advocating for new federal regulations that would allow veterinarians to compound medication to provide more specific treatment. Compounding involves the mixing, diluting, concentrating, or changing of a drug's form to accommodate the needs of an animal that are not met through the use of an FDA-approved drug on its own. Given the variety of species and breeds treated by veterinarians, it is important to have some flexibility in the administration of potentially life-saving drugs. However, if compounding is done incorrectly, it could result in prolonged treatment needs, treatment liability, or enforcement action by state or federal authorities. Nonetheless, the FDA has recognized that there are limited circumstances where their approved drugs, even when compounded, do not work. In those circumstances, veterinarians are able to use compounds including bulk drug substances from outsourcing facilities without the risk of an enforcement action. The AVMA continues to work with the FDA in hopes of ensuring ease of access to patient-specific compounds without risking the licensing of those working hard to save animals in dire need.
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| AVMLA CALL FOR SPEAKERS - Deadline January 31st |
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| Case Review |
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By: John Scott, DVM, JD, Scott Veterinary Services
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.
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| Case Review |
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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.
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| AVMLA Membership & More |
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THANK YOU FOR YOUR CONTINUED SUPPORT
OF THE AVMLA!
RENEW YOUR MEMBERSHIP TODAY!
To renew your AVMLA Membership dues, simply renew
online, or you are welcome to
download/print/mail your membership app to AVMLA, 1750 K Street, NW, Ste. 700, Washington, DC 20006,
email your app, fax
(
202.449.8560) or give our office a call at
202.449.3818.
If you are interested in contributing to the AVMLA News Brief, advertising or posting a help wanted ad, please send an email to [email protected].
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