Vermont medical malpractice law has been altered over the years, making the meaning of the law subject to constant change. Due to this fluctuation, the court can sometimes appear to be inconsistent. Because of this, there is no clear way to predict the result of medical malpractice law argued before a court.
Statute of Limitations
The statute of limitations regarding medical malpractice laws, under Vermont state tort law, specifies a limit of 3 years from the date of the original injury or two years after the discovery of the injury. The statue of limitations specifies 2 years from the date of the discovery of a foreign object within the body. After 7 years have passed from the date of the original injury, a suit can no longer be brought to court. However, there is an exception for cases involving fraud, which can be filed at anytime.
In Vermont, damages that may be awarded have no limit. Joint liability is proportionate and not separate. There are currently no provisions outlined for expert witnesses. Attorney’s fees currently are not limited.
Vermont - News Articles
Lawsuit Accuses Vermont Hospital of Medical Malpractice On March 24, 2014, Cynthia Hawthorne experienced an intense pain in her lower abdomen. The agony became so unbearable that she went to the emergency room at the Brattleboro Memorial Hospital to seek treatment. Doctors at the Vermont hospital believed that she was suffering from diverticulitis, which isRead More