MEDICAL MALPRACTICE

FAQS

Are medical negligence claims different from claims against other professionals?

According to Vermont statute 12 V.S.A. § 1908, in all but the most straightforward medical negligence cases, a plaintiff must have a doctor testify in court concerning the appropriate standard of care in place. The plaintiff then must prove how the defendant’s failure to adhere to that standard caused the injury in question.

Can I make a medical negligence claim if I feel I wasn’t fully informed about the risks involved in a procedure?

A plaintiff may pursue a separate statutory claim if they feel 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.

As next-of-kin, can I pursue a claim in court to recover funds for a deceased family member?

If a family member dies as a result of negligence, Vermont’s Wrongful Death statute allows a decedent’s next-of-kin (including brothers or sisters) to pursue a claim in court for pecuniary damages, which the Vermont Supreme Court has ruled includes economic and non-economic losses such as the loss of consortium (or benefits) and grief of family members. 14 V.S.A. § 1492(b).

How long do I have to bring a claim?

Some specific types of claims are subject to different time limitations, but typically a plaintiff is required by statute to file a lawsuit within three years or less. As a result, it is important to promptly consult with a lawyer in order to protect your ability to pursue a claim. 14 V.S.A. § 1492(a).

If you believe you have reason to pursue a medical malpractice claim, please contact Bill at 802-657-7250, or at wmleckerling@lisman.com.

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 provided 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 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.

E. WILLIAM LECKERLING

wmleckerling@lisman.com

Telephone: (802) 657-7250

Portrait of William Leckerling