Kentucky DVMs concerned about heightened legal status of animals

FRANKFORT, KY. — The Kentucky Veterinary Medical Association (KVMA) is concerned about legislation being crafted that could alter the current legal status of animals and bring veterinarians into the non-economic damages fray.

The association is working with the American Veterinary Medical Association (AVMA) to exclude veterinarians from the text should it be proposed this session.

Legislation that grants owners non-economic awards would have a domino effect harming DVMs, owners and ultimately pets, veterinarians say.

"Tennessee has similar legislation in place," says KVMA President Dr. Kris Hodges. "Veterinarians aren't included in the law; however I believe it is dangerous to have any law on the books that places a monetary value on animals. The next natural step is to add DVMs."

Tennessee law:

"If a person's pet is killed or sustains injuries which result in death caused by the unlawful and intentional or negligent, act, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to $5,000 in non-economic damages. The death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker."

Adrian Hochstadt, JD, CAE, AVMA communications division, assistant director of state legislative and regulatory affairs, says the association keeps a close watch on this legislation popping up in any state because of the severe impact it could have on the veterinary profession.

"We don't want what is happening in the human medical profession to spill over into veterinary medicine," Hochstadt says.

The AVMA formatted a tool kit that includes talking points on why legislation of this nature is not beneficial for the majority and distributed it to all veterinary medical associations.

According to the American Medical Association (AMA) medical liability premiums can cost $200,000 a year or more in some high-risk specialties, AVMA says.

The high cost is forcing physicians to limit services, retire early or move to states where premiums are more reasonable, AMA says.

"This is what we want to spare veterinarians," Hochstadt says.

In comparison, veterinarians do not bring home the same income as MDs," Hodges adds.

"It would be a huge blow to the profession for legislation such as this to be instated," he adds. "It would increase malpractice insurance, making doctors raise fees, forcing clients and veterinarians out of the market."

Animal health industries across the board would feel the effects of increased rewards to pet owners, AVMA officials say. In addition to veterinary medical care, boarding, grooming, training, medication, food, transportation and supplies are among those services that might be impacted.

Secondary services, such as automobile, homeowners' and general liability insurance also will inflate.

Animal control agencies and animal shelters would feel the burden, too, making it more difficult for these agencies to function effectively or, in the worst case, at all, AVMA warns.

AVMA stance: Any change in terminology describing the relationship between animals and owners, including guardian, does not strengthen this relationship and may harm it. Such changes in terminology could adversely affect the ability of society to obtain and deliver animal services, ultimately, resulting in animal suffering.

"AVMA, like Kentucky, is acting proactively," Hochstadt says. "It is wise to be prepared. Some attorneys might get the idea that this legislation could be very beneficial and press for this legislation, making the loss of an animal equivalent to the loss of a child or close relative."