Frequently Asked Questions Concerning
Professional Negligence Claims

What has to be established in order to win a professional negligence case?

In order to prevail in a professional negligence case, a plaintiff must prove in court what the standard of care was at the time the service was rendered and that the defendant’s departure from that standard caused the damage or injury.

Are medical negligence claims any different from claims against other professionals?

For medical malpractice cases, the requirements are specifically set forth in a Vermont statute,12 V.S.A. § 1908.  In all, but for the most straight forward medical negligence cases, a plaintiff must have a doctor testify in court concerning what the appropriate standard of care was and how the defendant’s failure to adhere to that standard caused his or her injury.

What happens if you didn’t know about the risk involved in the procedure?

A plaintiff may also pursue a separate statutory claim if they were not properly informed about the risks associated with the medical procedure that led to the injury.  The “informed consent” statute is quite specific and typically a claim will only be brought if there is also a related claim of medical negligence.  12 V.S.A. § 1909.

Can you recover if a family member dies because of a physician’s negligence?

If a family member dies as a result of negligence, Vermont’s Wrongful Death statute allows a decedent’s next of kin to pursue a claim in court for their pecuniary damages, which the Vermont Supreme Court has ruled includes economic and non-economic losses such as the loss of consortium and grief of family members. 14 V.S.A. § 1492(b).  “Next of kin” in the wrongful death act carries the same meaning as it does in the laws of descent, brothers and sisters of a decedent can be next of kin entitled to recover damages under the act.

How long do I have to bring a claim?

Typically, plaintiffs are required by statute to file a law suit within three years of the alleged negligence.  However, there are exceptions to that limitation and some specific types of claims are subject to different time limitations. For example, if a next of kin brings a Wrongful Death claim for the death of a family member, it must be brought within two years of their family member’s death.  14 V.S.A. § 1492(a).  As a result, it is important to promptly consult with a lawyer in order to protect your ability to pursue a claim.

If you have any questions regarding a malpractice claim, please contact Bill at 802-864-5756, or by accessing his contact information on the left.

The materials provided on this website are designed for general informational purposes only, and should not be relied or acted upon without first consulting a lawyer.  The information provide on this website is not necessarily updated on a regular basis, and may not reflect recent changes in the law. 

Viewing these materials does not constitute an attorney-client relationship.  Lisman, Webster & Leckerling, P.C. did not produce and is not responsible for the contents of off-site legal resources.  The materials on this site may be considered advertising under various state ethics rules. 

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