This case is an issue of first impression under Texas Law.

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Ms. Kutyba asks the Supreme Court of Texas to review the case to ensure that veterinarian doctors  at state hospitals are held to the same standard of care as veterinarians in private practice, or equivalently, medical doctors at state hospitals. 

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There  are no reasonable policy justifications that should afford a veterinarian at a state animal hospital the special status of being forever immune from liability.