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17 Animal L. [i] (2010-2011)

handle is hein.journals/anim17 and id is 1 raw text is: ANIMAL LAW VOLUME 17 2010 CONTENTS INTRODUCTION LEGAL PERSONHOOD AND THE NONHUMAN RIGHTS PR O JE C T .................................................. 1 Steven M. Wise ARTICLES NONECONOMIC DAMAGE AWARDS IN VETERINARY MALPRACTICE: USING THE HUMAN MEDICAL EXPERIENCE AS A MODEL TO PREDICT THE EFFECT OF NONECONOMIC DAMAGE AWARDS ON THE PRACTICE OF COMPANION ANIMAL VETERINARY MEDICINE... .................................... 13 Steve Barghusen Many scholars have argued for and against the recovery of noneconomic damages in cases of veterinary malpractice in- volving companion animals. However, scholarship has not fo- cused on the results that allowing noneconomic damages may have on the structure of companion animal veterinary prac- tices. This Article uses the human medical field as a predictive model to explore the potential effects of granting noneconomic damages in veterinary malpractice cases. The author argues that awarding damages substantial enough to encourage increased litigation will result in significant changes in the field of veterinary medicine. Allowing for recov- ery of noneconomic damages will make veterinary care more ex- pensive and will not significantly deter negligent malpractice. Individuals will pay more for veterinary care or companion ani- mals will receive less care if high noneconomic damage awards become the norm in veterinary malpractice cases. Although these changes will affect all veterinary facilities, ironically, high quality veterinary facilities may be more likely to be sued than their lower quality counterparts. The author concludes by discussing alternatives to malpractice litigation, the human- animal bond, and the possible factors contributing to the high cost of human medicine in the United States. LIBERATING ANIMAL LAW: BREAKING FREE FROM HUMAN-USE TYPOLOGIES... ..................... 59 Jessica Eisen Animal protection laws have traditionally categorized animals according to the manner in which humans use them. Animals have been categorized as companion animals, animals used in medical testing, animals raised for slaughter, and wildlife, and the protection afforded to animals has been ostensibly commen- surate to their use categorization.

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