You are really ignorant when it comes to law suits. First of all the plaintiff needs to show some kind of damages or injury resulted from the action of the defendant. Even you should be able to figure out that if the horse walked off better than it walked up there is no case. OTOH, if you work on the horse and make it worse, and you KNEW it would make the horse worse, but you followed the prescription, then you are TOTALLY on the hook for WILLFUL FUCKING UP.
NOPE! The owner didn't know the vet had been to the barn until I called and explained what the vet did. That was when I said I needed to talk directly to the vet and that I had left several messages and not heard back. The owner said she would have the vet call me. I waited 10 days. Then I called the owner and gave her a choice. She chose to stick with the vet. So I referred her to another farrier. If you remember how I got this case in the first place it was a referral from another farrier who didn't want to work with this vet.
You would be correct I know pretty little about lawsuits..Im guessing you know alot seeing how ever post comes up about vets you bring up a lawsuit. .I do apologized as I missed the part of if was a referral from a farrier who did not wanna work with the vet..had I caught that and knowing you took the case I could saved many post as it confirmed your a dumbass and moved on..
Sheesh Travis give yourself some credit. If I'm a dumbass, not a smartass, then where does that leave you every time I hand you your ass? Here ya go!
If a person is left a script that would clearly cause a problem and decides to do their own thing which makes the horse much more comfortable and leaves knowing he did all possible to help the horse but laminitis being the bitch that laminitis can be the horse rotates again and is euthanised and the farrier is brought to court is there a judge in the world that will see the farriers work as anything other than negligence?
Your damned if you do and damned if you dont. If a script will obviously cause a problem and you do it anyway its your fault. Its like saying somebody left me a note that said "go rob a bank". Its up to you to decide the right thing to do. Unfortunately we really do live in a world where the last person to touch the horse loses.
In the USA there is no legal obligation for a farrier to follow a veterinarian's shoeing prescription unless the farrier is the "employee" of the veterinarian. Farriery is NOT veterinary medicine and veterinary medicine is NOT farriery. Well shucks, you got triple bypass surgery and were doing great, but then a month later you die of a heart attack - so your family sues the surgeon for malpractice 'cause he was the last one to work on the patient. Yea that's really logical and that's how a judge would see it. No wonder you guys are intimidated by vets.
David I just give up ..im not sure what world tom lives in that he cant comprehend..then on top of that the vet is steady ripping shit off his shoeing... if I have ever seen a case that could end in disaster in court its that one right there..(sayin in a very sarcastic way)..I always have a vet rippin shit off my shoe job when the horse is doing great..if it had gone bad it would pretty much boil down to farriers word against vet on if horse was doing better or not..and your standing up in front of a judge who you think they gonna go with..a vet thats lic thru a university or good ol boy tom from a six week shoeing school....as my daddy usta say good ol boys just aint in high demand ..folks are looking for people to get the job done by all means..
Tom your delusional to compare the heart attack to this..THE VET WAS STEADY RIPPING YOUR SHIT OFF THE SHOE JOB..IN VETS EYE ..IT SUCKED..it was wrong..you where fired by the owner.. look I know your greatness has your mind foggy ..but you botched the shoe job ...kinda like you go in for a breast reduction and doctor cut the tits slam off..
Here I know tom will not comprehend this.. but lets say I go to the doc he gives me a script ...some mom pop fills the script and I have hemroids and the pharmacy gives a heart meds ...I die ..who the hell you think my family is going after......tom as soon as you put you hands on that exrays and accepted it your on the hook brother..you changed things without the vets knowing.. in front of none knowing court your wrong.. I know way more about courts than you can imagine I just dont have the will to keep beating my head on a wall... lets go back to your heart attack story.. your wrong..if you needed a triple bypass and surgeon change his mind and done something diff and a death happens ..yes your malpractice will pay off...malpractice insurances are one of the most payed out insurance in this country..
On a diff note it should be common sense that if you hate the shoe script to the point of you think it will kill a horse ..walk.. if you dont hate the script and it might help do it get your money shake hands with vet and be a team.. no need to square off with vets no need to draws lines in the sand... if you and vet are on same team and horse goes down for some reason and you find yourself in court .. it will be two equine professionals defending what they did to help the horse..you stand a good chance... but a farrier goes in guns blazing and change the script cause you think you know better and something happens its farrier try to defend against vet and horse owner.. I cant even believe I have this far with this nonsense
PROVING YOUR CASE To win a case against a farrier, you must prove all of the following:The farrier had a legally recognized duty to handle a professional matter in a certain way.The farrier somehow departed from, or “breached,” that duty. This can be expensive as it usually would require expert witness testimony. In this case, that would likely mean you will need to find another farrier to explain, and testify in court, exactly what the farrier did wrong. You might also need a qualified veterinarian to explain how the problem has affected your horse’s health now and in the future.You must prove “proximate cause.” This essentially means that you must prove the farrier’s wrongful conduct, and not some other reason, caused the horse’s demise or devaluation.You must prove with reasonable certainty a sum of money or value that you have lost as a result of the malpractice (that sum is called “damages”). In animal-related cases, proving damages can be difficult and even expensive. You might need an appraiser or industry expert to help prove your losses.
Do you see that part where it says the owner has to prove farrier departed from or breached that duty.. toms case is a classic case of what not to do..when the script was changed it headed to hell in hand basket. . If othrrs wa nt to end up in law suite follow toms irresponsible and reckless advise... if you not believe in what the vet wants walk away..if you do it for the vet but in your mind you think you could do better .have.discussion with vet and vet will say yea im on board or no...at that point you can walk or fill the script but leave your doubting there and invest whole in the work yall as a team decided. .if you change things without the whole team on board your asking for trouble..and common scense should tell you if vet refusing to talk to you walk away cause without a open dialog your dead in the water and the vets wants nothing to do with you or your work..
Tom and Travis should keep each other's number on speed dial in case they ever need someone to testify against them.
Lol..i thought the samething.. farriers would be slinging each other all under the bus.. ttruthfully I would never ever be in court against any farrier...I think ever single farrier on this planet when they climb under a horse has the best intentions at that time..we all may mistakes but at the time we think we are doing whats best...but make no mistake sbout it tom will spend this whole sunday going over the net looking for something to support his case he may even break into a law library to go thru the books..
Tom and or Travis should keep Rays sons # , on speed dial, and for a low monthly,ad infinitum,payment of stout, ray will broker my sons services to the 1st to take me up on this....a word of caution.....DO NOT attempt to deal directly with him, or I ll deal with the other guy for 1/2 as much stout................ and to think that the ladies working the streets get the bad name. course if we walked from cases that were over our head, or that we thought could had a high probability of suit, ...........i d be out of a bargaining position, and folks who wanted life saving measures might realize that nothing is 100% ray
It's scar tissue from my ears being burnt by Travis talking trash about me to all the vets he works with.