Veterinarian License Defense Lawyer

Veterinarian License Defense Lawyer in Louisiana

Licensed veterinarians in New Orleans, Louisiana are regulated by the Louisiana State Board of Veterinary Medicine. The primary goal of the Louisiana State Board of Veterinary Medicine is to ensure the safety and welfare of the people of Louisiana from any incompetent or dishonest practices of veterinary medicine. In addition, it is the Board’s goal to encourage the utilization of skilled licensed veterinarians to ensure the health and welfare of animal patients. Finally, the Board is committed to ensuring that these licensed veterinarians provide the most humane restraint, capture, and death for any unwanted, diseased, dangerous or discarded animals. The Board requires that all licensed veterinarians must be trained by the Certified Animal Euthanasia Technicians for this purpose. The Board has very strict standards and any veterinarian who has been granted a license to practice in New Orleans, Louisiana is required to live up to those standards. Any violation could lead to disciplinary action which could include suspension or revocation of the veterinary license. If you are a veterinarian in New Orleans, Louisiana and a complaint have been filed against you; you need to speak to a veterinarian license defense lawyer today.

As per the rules of the Louisiana Board of Veterinary Medicine, complaints against a veterinarian can be initiated by any person. The complaint must be submitted to the Board in writing. There is a complaint form available on the Board’s official website, and that can easily download, completed and mailed to the Board. The point is that the process of filing a complaint against a veterinarian is fairly simple. If you are a practicing veterinarian in New Orleans, you need to be aware of the fact that any individual, whether it’s the animal’s owner, your colleague, your supervisor, etc. can file a complaint against you if they feel that you have violated any of the rules set by the Board. If this is the case, you need to speak to veterinarian license defense lawyer as soon as possible.

Why Would the Board Suspend/Revoke a License?

Broadly speaking, there are two primary reasons why the Board may revoke a veterinarian’s license to practice. These include:

Any fraudulent deception or incompetence when practicing veterinary medicine.
Incompetence, gross negligence or any other form of malpractice while practicing veterinary medicine.

In addition, the Louisiana Board of Veterinary Medicine can take disciplinary action against a veterinarian if:

They are found to be practicing veterinary medicine without a valid license or a temporary permit. If convicted, this will be classified as a misdemeanor. The veterinarian will be required to pay a monetary fine between $50 to $500 and/or may face imprisonment of up to 90 days.
They were expected to demonstrate a duty of care towards the animals in their treatment but failed to do so and failed to act responsibly when tr4ating the animal.
Their actions (or lack of) were not in conformity to the professional state of conduct set by the Louisiana State Board of Veterinary Medicine.
Their failure to conform to the professional standards set about by the Board resulted in injury or harm to the animal which in turn resulted in damages to the plaintiff.

Keep in mind that a veterinarian is not legally bound to treat an ill or injured patient and if they refuse to treat an animal, the owner cannot take legal action against them. However, if the veterinarian takes the animal in their care and then fails to do right by them, in this particular scenario, the plaintiff has the right to file a complaint with the Board and can also take legal action against the veterinarian.

Also, as far as professional ethics are concerned, it is generally expected that a reasonable and diligent veterinarian would not refuse to treat an animal that requires medical attention. While this does not warrant legal action but ethically speaking, such refusal may not be appreciated by the Board or the patient. Also, if a veterinarian decides to treat an animal and then decides to stop treatment (for whatever reason), they are required to inform the owner that they will not be continuing treatment. All these measures fall within the realm of their professional duties. If an animal’s owner has taken legal action against you and you need help in defending your professional license, you need to speak to a veterinarian license defense lawyer as soon as you possibly can.

The biggest reason for complaint against a veterinarian is an injury to animals. Whenever a veterinarian fails to perform his duties with reasonable skill, diligence and attention and this lack of professional and skillful behavior result in injury to an animal, the owner can file a complaint with the Board and can also file a malpractice lawsuit against the veterinarian. Any complaint filed with the Board will be evaluated further to determine if it warrants further investigation.

This decision is based on the legal standard of veterinarian practice which states that every veterinarian should exercise the same care and diligence as would be expected by skilled veterinarians. However, this does not mean that the veterinarian is the insurer of an animal’s recovery. What this means is that they will do anything that is possible within their professional capability to treat the animal. If an animal’s owner claims that the veterinarian did not treat the animal properly, they will have to prove their claim. A veterinarian license is not suspended or revoked simply because an owner is disgruntled or angry with the veterinarian. They need legal grounds to make such a claim. If you need help in dealing with a complaint that has been filed against you, please talk to a veterinarian license defense attorney.

Other possible complaints that can be filed against a veterinarian include the fact that they:

Failed to inform the owners about the actual condition of the animal in question.
failed to inform the owners of any deaths of animals that were under their care
failure to administer timely treatment
failed to properly record controls on animals
failure to maintain clean and sanitary conditions at the veterinary clinic
failure to implement proper control over animals
Misrepresenting staff members as doctors of veterinary medicine even though they have no training or license to make such a claim.

If any such complaint has been filed against you and you need some help in defending your professional license, you need to talk to a veterinary license defense lawyer.

Expert Testimony

If a complaint is filed with the Board and if the complaint is further investigated, the Board may call an expert to give their opinion about the case in question. An expert witness is just that – an expert in their field. This means that a nonprofessional cannot simply take the stand and make claims about the inefficiency of a particular veterinarian. The owner can’t be an expert. A neighbor can’t be an expert. Not even the animal’s trainer is considered an expert as they don’t have the training or the know-how to evaluate medical and diagnostic reports. In simple words, somebody can qualify as an expert witness only if they have qualifications in the same field as the accused.

As far as veterinary practice is concerned, this means that an expert must have actual knowledge about veterinary practice. If the expert qualifies, the Board can request the expert to give their opinion about the defendant’s actions. The goal is to determine if the veterinarian’s conduct was in line with the legal standards and whether the veterinarian exercise care and diligence when treating the animal. If the expert testifies that the treatment was in line with the guidelines, no further action will be taken against the veterinarian. If the expert testifies that the defendant’s treatment was not in line with accepted veterinary practice, the Board may then proceed further and determine which disciplinary action to take based on the circumstances of the case.

What Constitutes Professional Veterinarian Duty?

As far as the legal definition and the standards of the Louisiana Board of Veterinary are concerned, the following is a basic overview of what professional duty of a veterinarian entails:

Whenever an animal is brought to the veterinarian for treatment, the first thing they need to do is obtain a history of the animal. This should be followed by a thorough physical examination.
Based on the examination, the history and analysis, the veterinarian is then expected to diagnose the problem.
Once they diagnose the problem, they should decide on the most effective course of treatment and should execute this treatment.
Once treatment is initiated, the veterinarian must ensure that they do the necessary follow-up with the patient to ensure that they are recovering well and that the treatment is working.
Throughout this entire scenario, it is also the professional duty of the veterinarian to keep the owner informed at all times regarding the diagnosis, treatment protocol, possible side effects and expected outcomes. The veterinarian must also obtain the owner’s consent for the treatment they recommend and should disclose any risks associated with the drugs prescribed (if any).

What Happens When a Complaint is Filed?

As mentioned above, anybody can file a complaint against a veterinarian. When a complaint is filed, the Board first has to take a decision as to whether the complaint is valid enough to be pursued. If it is determined that the complaint requires further investigation, the Board will notify the veterinarian that a complaint has been filed against them. At this point in time, it is a good idea to contact a veterinarian license defense lawyer. This is advisable even if you, as a veterinarian, feel that you did nothing wrong and that the complaint filed against you is unjust and false.

The problem is that if the Board is investigating a complaint further, that means there are bound to be more questions and more processes. As a veterinarian, you are not completely aware of the legalities of the situation, and you may not be able to defend yourself properly even if you know for a fact that you are innocent. A veterinarian license defense attorney will have the necessary skills and the expertise to deal with the Board and to gather evidence to prove your innocence. A veterinarian license defense lawyer will also know the arguments that can be used to undermine the complaint against you and to show that actual facts are very different from what the complainant is projecting. In any case, if there is a Board hearing, you need to be well-prepared, and you can be well-prepared if you hire the services of a veterinarian license defense attorney.

The Board will hear your side of the story and will hear the side of the complainant. They may call in an expert witness to determine if your actions were within the acceptable code of conduct or not. You may also present an expert witness who can testify that the measures you took while caring for the patient were in line with medical guidelines and that you did provide the best care to the animal. Any subsequent injury or negative health outcome is thus not your fault. Based on the strength of the evidence that is presented at the hearing, the Board will then determine what disciplinary action to take. They might:

Dismiss the complaint altogether after listening to the testimonies and evaluating all the evidence.
Issue you a verbal warning that similar conduct should not be demonstrated ever again and that you should abide by the code of conduct in future.
Issue you a written warning reprimanding you for your actions and warning you of a possible suspension if the same behavior is observed again.
Suspend your license for a certain period of time during which you would not be allowed to practice veterinary medicine.
Revoke your license completely deeming you incapable of working as a veterinarian.

The above-mentioned actions are dependent on the type of complaint, the extent of damage or harm to the animal and the kind of action that was involved in causing this harm. Talk to a veterinarian license defense lawyer to find out more information in this regard.

Retain an Experienced Veterinarian License Defense Lawyer

At Bart Bernard, we have a team of lawyers that is well-versed in the art of defending professional licenses. We believe that every professional is entitled to defend themselves, whether it’s in front of the licensing board or a judge. The fact is that there are situations which are often misunderstood or misrepresented. If an animal dies or becomes seriously ill, the owner can be devastated, and in their sorrow or anger, they may blame the veterinarian for the negative outcome. However, just because the owner claims that a veterinarian harmed an animal does not make it true. If you are that veterinarian, and you know that the allegations against you are not true, you need to speak to our veterinarian license defense lawyer so that they can help you protect your professional license.

We understand that you have put in years and years of hard work to get the degree and the necessary training to practice veterinary medicine. There is no reason why you should lose your right to work if you made an honest mistake or if the owner in question misunderstood the situation. We are here to help you present your side of the story to the Board, and we are here to make sure that your story is heard. Every healthcare provider is bound by a moral, ethical and professional code to provide the best care to their patient. However, there are situations where things are out of the veterinarian’s hands. Being blamed for something that is not in their control is not fair, and that is why we believe that every veterinarian has the right to a fair trial and a strong defense. Call us today and talk to our veterinarian license defense lawyer. Tell them the circumstances of the case that resulted in the complaint. Provide the details about the incident, what happened, how it happened and what you did to prevent any negative outcome.

Medical malpractice cases and complaints to the Board can be very challenging for professionals to handle. The biggest problem is that you are too close to the situation. You cannot believe that a complaint has been filed against you and you don’t know what you should do. This is your bread and butter at risk, and this is your reputation that is on the line. If the Board rules against you, this can put a dent in your professional record. That is why it is important that you seek professional legal counsel so that a veterinarian license defense lawyer can prepare a strong argument on your behalf and can convince the Board that you were not in the wrong and that you did everything possible to prevent any harm or injury to the animal. Call us today and let us help you protect the validity of your license. We understand that you have a reputation to maintain and we value the services you provide for your animal patients. Contact our veterinarian license defense lawyer for more information.