Why You Need a Vermont Medical Malpractice Attorney

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When a healthcare provider’s negligence causes you or a loved one serious harm, the physical, emotional, and financial consequences can be devastating. 

A Vermont medical malpractice lawyer at Sabbeth Law fights to hold negligent doctors, hospitals, and healthcare professionals accountable under Vermont law. We understand you may feel confused about whether you have a valid claim, intimidated by the medical system, or uncertain about taking legal action against a healthcare provider. 

During a free consultation, we analyze your case, explain Vermont’s medical malpractice laws, and help you understand your options for pursuing the compensation you deserve.

What Constitutes Medical Malpractice in Vermont

Medical malpractice occurs when a healthcare provider fails to deliver the standard of care that a reasonably competent provider would deliver under similar circumstances, and that failure directly causes patient harm. 

Vermont law (12 V.S.A. § 1908) defines the standard of care as the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent healthcare professional engaged in similar practice.

Not every poor medical outcome constitutes malpractice. Medicine involves inherent risks, and even excellent treatment sometimes fails. However, when a provider’s negligence, whether through misdiagnosis, surgical error, medication mistake, or failure to obtain informed consent, causes injury that would not have otherwise occurred, you may have grounds for a claim.

Proving Your Medical Malpractice Claim

Vermont jury instructions require plaintiffs to establish three elements to prevail in a medical malpractice case:

1. Standard of Care: What degree of skill and care a reasonably prudent healthcare professional would exercise in similar circumstances

2. Breach: That the defendant lacked the required skill or failed to exercise the required care

3. Causation: That the breach directly caused the plaintiff’s injuries

Establishing these elements requires expert medical testimony. Our legal team works with qualified medical experts who review your records, identify departures from accepted standards, and provide testimony supporting your claim.

Vermont’s Certificate of Merit Requirement

Before filing a medical malpractice lawsuit in Vermont, you must submit a certificate of merit alongside your complaint (12 V.S.A. § 1042). This legal document certifies that a qualified medical expert has reviewed your case and determined there is a reasonable likelihood that the defendant breached the applicable standard of care, causing your injuries.

Filing without proper documentation results in case dismissal. The certificate requirement protects healthcare providers from frivolous claims while ensuring legitimate cases have expert support from the outset.

Our attorneys secure qualified expert review early in your case, ensuring compliance with this critical procedural requirement.

Vermont Medical Malpractice Statute of Limitations

Vermont law (12 V.S.A. § 521) imposes strict deadlines for filing medical malpractice claims:

• Three years from the date of the negligent act or omission

• Two years from the date you discovered or reasonably should have discovered the injury

• Seven-year statute of repose: No claim may be brought more than seven years after the negligent act, regardless of when the injury was discovered

Important Exceptions

Vermont recognizes exceptions to these deadlines. Foreign objects left in a patient’s body during surgery have no time limit; you may file within two years of discovering the object. 

Cases involving fraudulent concealment by healthcare providers also face extended liability periods. Additionally, minors and individuals with mental incapacity may receive tolling of the limitations period.

Damages Available in Vermont Medical Malpractice Cases

Vermont does not impose statutory caps on medical malpractice damages, allowing juries to award compensation that reflects the full extent of your harm. Available damages include:

Economic Damages: Medical expenses (past and future), lost wages, reduced earning capacity, rehabilitation costs, and other quantifiable financial losses

Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium

Wrongful Death Damages: When malpractice proves fatal, surviving family members may recover pecuniary damages including economic losses and grief suffered by next-of-kin

How Our Vermont Medical Malpractice Attorneys Help

Sabbeth Law provides comprehensive representation throughout the claims process:

• Free case evaluation: We review your medical records, assess potential negligence, and explain whether you have a viable claim

• Expert witness coordination: We retain qualified medical professionals to establish the standard of care and causation

• Evidence gathering: We obtain and analyze medical records, interview witnesses, and build a compelling case

• Insurance negotiations: We handle all communications with insurance companies and defense attorneys

• Trial representation: When settlement negotiations fail, we provide skilled courtroom advocacy

Common Types of Medical Malpractice

Our attorneys handle medical malpractice claims involving:

  • Diagnostic errors, including misdiagnosis, delayed diagnosis, and failure to diagnose
  • Surgical error,s including wrong-site surgery, retained foreign objects, and anesthesia mistakes
  • Medication error,s including incorrect prescriptions, dosage mistakes, and dangerous drug interactions
  • Birth injuries affecting mothers and newborns
  • Emergency room negligence
  • Failure to obtain informed consent

Contact a Vermont Medical Malpractice Lawyer Today

If you believe you or a loved one suffered harm due to medical negligence, time is critical. Vermont’s filing deadlines are strict, and building a strong case requires early investigation and expert consultation.Contact Sabbeth Law at 802-430-6470 or request a free case evaluation online. Our experienced attorneys will review your situation, explain your legal options, and help you pursue the compensation you deserve.

A medical malpractice claim arises when a health-care provider (such as a physician, surgeon, nurse, hospital or clinic) deviates from the accepted standard of care in Vermont and that deviation causes an injury to a patient. The claimant must show the existence of a provider-patient relationship, that the standard of care was breached, and that the breach led to harm.

In Vermont, you generally must begin a medical malpractice action within three years from the date of the negligent act or omission, or two years from the date the injury was—or reasonably should have been—discovered, whichever is later. However, regardless of discovery, you cannot file more than seven years from the date of the incident. Fraudulent concealment by a provider may extend these time limits.

Before filing written pleadings, Vermont requires a “certificate of merit,” in which the claimant must consult a qualified expert who opines that there is a reasonable likelihood the provider breached the standard of care and caused the injury. Once that step is satisfied, the case proceeds through complaint filing, discovery (including expert depositions), possible mediation or arbitration, and then trial if settlement is not reached.

In Vermont, victims may seek compensatory damages, including economic losses (e.g., medical expenses, lost wages) and non-economic losses (e.g., pain and suffering). Vermont generally does not impose statutory caps on these damages in malpractice cases against private providers. However, when malpractice involves the State of Vermont or state-employed providers, there are caps (for example $500,000 per claimant) under the state tort claims laws.

Patients have the right to timely legal action, to have their case reviewed by an expert, to hold negligent care providers accountable, and to pursue compensation for injuries. Key risks include missing the statute of limitations or repose deadlines, failing to secure the required certificate of merit, inability to find a qualified expert, or assuming injury alone constitutes malpractice (it does not if the standard of care was met). An attorney can help navigate these procedural and substantive hurdles.