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Your Burlington Medical Malpractice Attorney
When a Healthcare Provider's Care Falls Short
Medical malpractice happens when a health care provider’s care falls below the accepted standard, and that failure causes real harm: a missed diagnosis, a surgical error, a medication mistake, or another form of negligent care.
Why a Vermont Malpractice Complaint Needs an Expert's Certificate
12 V.S.A. Section 1042 requires the certificate of merit to be filed the same day as the complaint; the Vermont Supreme Court enforced this directly in Bittner v. Centurion of Vermont, LLC, 2021 VT 73, reversing a trial court that had allowed a case to proceed without one. A missing certificate is a real basis for dismissal in Vermont, not a technicality courts routinely excuse, as confirmed directly by the Vermont Supreme Court in 2021.
When a Vermont Claim Has To Be Filed
Under 12 V.S.A. Section 521, a Vermont medical malpractice claim generally has to be filed within three years of the incident, or two years from when the injury was or reasonably should have been discovered, whichever is later. There’s an outer limit regardless of discovery: no claim can be filed more than seven years after the incident, except where fraudulent concealment prevented discovery, in which case there’s no outer limit at all.
What You Can Recover in a Vermont Claim
Vermont has never enacted a cap on economic or non-economic damages in medical malpractice cases, unlike a number of other states. That covers medical expenses, lost wages, and pain and suffering alike; the amount turns on what the evidence actually supports, not a legislative ceiling.
Vermont's Standard of Care Requirement
The certificate of merit gets a case filed; actually proving it still requires expert testimony at trial establishing that the provider fell below the standard of care defined in 12 V.S.A. Section 1908, the degree of care a reasonably skillful, careful provider in the same field would have exercised.
Burlington's Only Level I Trauma Center
The University of Vermont Medical Center in Burlington is Vermont’s only Level I Trauma Center, a designation it has held since 1994 and one of roughly 100 such centers nationwide; it is also verified for both adult and pediatric trauma care. A medical malpractice claim connected to care at a Level I center can involve a wide range of specialties and a large, complex medical record, which is part of why an attorney familiar with the facility and its documentation practices matters in a Burlington case.
Getting Started With a Burlington Medical Malpractice Claim
Given the certificate-of-merit requirement and the filing deadlines involved, getting the right documentation and a qualified expert lined up early makes a real difference in a Burlington case. Complete the form here to speak with a medical malpractice attorney about what your case may involve.
You may also want to look at medical malpractice attorneys in Essex Junction and medical malpractice attorneys in Hinesburg.Frequently Asked Questions
Can a Vermont malpractice case proceed without an expert’s certificate?
Vermont courts, including the Vermont Supreme Court in Bittner v. Centurion of Vermont, LLC (2021 VT 73), have enforced the certificate-of-merit requirement as a real precondition to filing, not a technicality courts routinely excuse. Suing more than one health care provider generally means a separate certificate for each one.
What is Vermont’s statute of limitations for medical malpractice?
12 V.S.A. Section 521 sets the deadline at three years from the malpractice itself, extended to two years from discovery if that date comes later. A foreign object left in the body follows its own rule: two years from when it’s discovered.
Does Vermont limit how much I can recover if multiple providers are at fault?
Vermont follows pure several liability for multiple defendants, meaning each one is only responsible for paying their own assigned share of the fault, not the full judgment. This covers medical expenses, lost income, and pain and suffering alike.
Where would my Burlington medical malpractice case be filed?
Medical malpractice cases connected to Burlington are generally filed in the Chittenden County Superior Court, Civil Division.
How To Start Your Burlington Medical Malpractice Case
Given the certificate-of-merit requirement and the filing deadlines involved, getting the right documentation and a qualified expert lined up early makes a real difference in a Burlington case. Fill out the form on this page to get connected with a medical malpractice attorney who can review the details of your situation.
