Vermont Medical Malpractice Laws

No statute of limitations applies where fraudulent concealment by the health care provider prevented the patient from discovering the negligence.

If a foreign object is left in the body and not discovered within the standard limitation period, the action may be commenced within 2 years of the date the foreign object is discovered.

Vermont does not cap economic or non-economic damages in medical malpractice cases against private health care providers.

Claims against the State of Vermont or state-employed providers are subject to a $500,000 cap per claimant under the Vermont Tort Claims Act.

The plaintiff's attorney must file a certificate of merit with the complaint certifying that a qualified health care expert has reviewed the case and determined there is a reasonable likelihood the defendant failed to meet the standard of care. Failure to file is grounds for dismissal without prejudice.

The plaintiff must prove the defendant lacked the degree of knowledge or skill, or failed to exercise the degree of care, ordinarily exercised by a reasonably skillful, careful, and prudent health care professional in a similar practice under the same or similar circumstances.

A health care provider has a duty to disclose the risks and alternatives of a proposed treatment. Failure to obtain informed consent can be the basis for a malpractice claim. The certificate of merit requirement does not apply to informed consent claims.