Discussing Medical Malpractice With Personal Injury Lawyers In Vermont

by | Feb 1, 2018 | Lawyers

In Vermont, medical malpractice laws give patients the legal right to hold their doctors accountable when an injury occurs. Unethical practices often lead to serious injuries and relate to a failure to follow proper protocol while treating patients. Personal Injury Lawyers in Vermont discuss medical malpractice cases and options with patients who need to file a claim.

What is the Statute of Limitations?

Currently, the statute of limitations for medical malpractice cases is three years. However, in a medical malpractice case, there is a discovery ruling. The discovery ruling extends the statute of limitations if a new condition is diagnosed and is related to the original injury. The patient has two additional years to file a claim after the new condition is diagnosed.

How Does a Statute of Repose Work?

In states including Vermont, a statute of repose defines a clear deadline even if a new condition is discovered. The statute stops any lawsuits that are filed after the seventh anniversary of the original injury. The statute applies to adult patients primarily. The statute of repose won’t apply to any conditions related to a minor who hasn’t reached the age of majority. In the cases, the state imposes the statute on the date when the child turns eighteen in Vermont.

What Does Vermont State Statute 12, Sections 521 and 551 State?

The statutes impose additional exceptions for a medical malpractice lawsuit. Fraudulent or unethical practices could introduce a new exception. For example, evidence that shows a doctor attempted to conceal the patient’s injuries to avoid a legal claim enables the patient to initiate the exception in their case. Additionally, if the patient was classified as mentally incapacitated when the injury occurred, the statute applies to the legal claim.

What is a Certificate of Merit and How Does It Apply?

The certificate of merit indicates that the claimant has evidence from a medical witness. The licensed doctor testifies that the defendant failed to provide adequate care for the patient and caused the injuries.

In Vermont, patients have protection under federal laws against unethical doctors. The laws require all doctors to provide the highest standard of care despite any personal beliefs or prejudices. Patients who sustained injuries during treatment contact Personal Injury Lawyers in Vermont through McVeigh Skiff LLP today.

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