In Vermont, the medical malpractice law has been set down by the statutes, similar to many other states. In this case, legal precedent has been allowed to change the law slightly as different types of precedent has been set over the years. With these different types of legal arguments and a different understanding of medical malpractice law in Vermont, it becomes clear that a constant evolution of law is more common in the state than in others. Because of this liberal application of legal rulings, the court is very largely considered to be somewhat fickle and in control of the ruling in its own way. As more and more plaintiffs and attorneys argue the point in front of a court of law, it becomes clear that there is no particular way to predict the outcome of any medical malpractice law that is being argued in a court in Vermont.
Vermont State Malpractice Laws at a Glance:
| Vermont State Tort Law | |
| Statute of Limitations |
Three years from date of original injury or two years after injury was discovered. Two years from discovery of foreign object. After seven years from the original injury, a suit may not be brought. However, fraud cases have no statute of limitations. |
| Damage Award Limits | No limits. |
| Joint Defendant Liability | Proportionate and joint liability are not separate. |
| Expert Witness | No provisions are made for witnesses. |
| Attorney Fees | No limits on attorneys fees. |
Defining Medical Malpractice Law in Vermont
By understanding the very definition of medical malpractice law in Vermont, the plaintiff can more clearly understand what their rights are and how they should proceed in arguing their point in a court of law. First and foremost, the law defines malpractice as damages caused by negligent physicians who have caused suffering beyond that that previously existing in the patient. With all of these vagaries and somewhat whimsical definitions, it is largely up to the attorney representing the plaintiff to argue the point, in contrast with the attorney representing the physician, in order to make the argument to the court that a substantial hardship and suffering has occurred and that the physician is largely to blame, in so far as they have made the situation worse instead of better. Unfortunately, this argument is largely dependent upon the attorney's ability to sway the court and present the letter of the law in a favorable light to their case.
The Rights of the Plaintiff
In regards to medical malpractice law in Vermont, the plaintiff has the right to bring their physician to court in cases where they are worse off after treatment than they were before treatment. This means that those who sought out the care of their physician and were left worse off than they were before they sought the care of the physician are able to sue for medical malpractice. Since the law has evolved over the years, it is critical that the attorney for the plaintiff to prepare their case distinctly and functionally in order to prove their point.
