Vermont

Statute of Limitations

Medical Claim Generally:

“Actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient’s discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient’s body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object.” [12 VSA § 521]

Minors:

Medical malpractice lawsuits involving minors must be brought “within two years of the date of the last act or omission giving rise to the cause of action except that if the minor was less than eight years of age at the time of the occurrence of the malpractice, he shall have until his tenth birthday to commence an action.” (Virginia Code § 8.01-243.1)

Wrongful death:

An action for wrongful death “shall be brought in the name of the personal representative of the deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom the action accrues is out of the State, the action may be commenced within two years after the person comes into the State.” [Vermont Statutes Annotated, Title 14, Chapter 71§ 1492]

Damage Caps

Vermont currently has no statutory caps on damages in medical malpractice cases.

Attorney Fee   Caps

Vermont currently has no attorney fee caps other than the general requirement of reasonableness. [Rule 1.5 of the Vermont Rules of Professional Conduct]

Pre-suit Requirements

A certificate of merit must be simultaneously filed with the complaint. [12 VSA § 1042]

Expert

Qualifications

Vermont requires the general rules for experts that the testimony must be relevant and reliable. [702 of the Vermont Rules of Evidence]

Negligent

Credentialing Claims

Vermont has not yet established whether there is a negligent credentialing cause of action or not.