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Legal Obstacles: Veterinary Legal Aspects Regarding Horses used in Sports
I. Boissevain
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Introduction
Horses are kept as companion- animals, but also professionally used in sports, and maybe used as food for humans. The use of the horse has a severe impact on the applicable law and regulations, and on the vet that is treating or assessing the horse. Rather strict disciplinary measures have been taken towards vets ignoring those rules, despite their good intentions. Beside disciplinary measures, vets can not always avoid criminal or liability lawsuits. Veterinarians have to deal with medical regulations, demanding clients and animal welfare.
Situation in the Netherlands: a legal haystack
Vets in the Netherlands are subject to three different legal systems that function separate from each other, but can also co-operate. A veterinarian who uses illegal medication, or commits mail fraud could be prosecuted. A horse owner, who suffers financial damage by veterinary wrongdoings or omissions, could claim compensation. Apart from that, the Netherlands know a Veterinary Disciplinary College, where complaints about veterinary misbehaviour can be filed. The College will judge the veterinarian’s treatment of the individual animal, as well as the veterinary professional attitude. Apart from other measures, such as a ‘slap on the wrist’, a fine or the (temporary) withdrawal from the vet from his profession, and in exceptional situations, a financial compensation could be granted to the owner. The only case in which that has happened was a horse assessment (see: ‘Lawsuits regarding sport horses).
The separate legal possibilities can easily co-exist. A veterinarian ignoring the rules could be facing three different judges, with fines and liability. Lawsuits about horse assessments and illegal medication have occurred several times. [...]
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