Vermont law

Medical Malpractice Laws in Vermont.

Vermont medical malpractice claims are subject to a 3-year statute of limitations with a 7-year statute of repose and a 2-year discovery rule. The state requires a certificate of merit filed with the complaint, certifying that a qualified expert has reviewed the case. Vermont does not cap compensatory damages against private health care providers and follows the same modified comparative fault rules as general personal injury.

Last verified: 2026-02-26

State law

Statute of Limitations

3 years from incident or 2 years from discovery, whichever is later (7-year repose)12 V.S.A. § 521

Medical malpractice actions must be brought within 3 years of the incident or 2 years from discovery of the injury, whichever is later. An absolute 7-year statute of repose bars claims more than 7 years after the incident.

Exceptions

Fraudulent Concealment12 V.S.A. § 521

No statute of limitations applies where fraudulent concealment by the health care provider prevented the patient from discovering the negligence.

Foreign Objects — 2 years from discovery of the foreign object12 V.S.A. § 521

If a foreign object is left in the body and not discovered within the standard limitation period, the action may be commenced within 2 years of the date the foreign object is discovered.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)12 V.S.A. § 1036

The same comparative fault rules apply as in general personal injury. If the patient is 51% or more at fault (rare in medical malpractice), they recover nothing.

State law

Damage Caps

Compensatory Damages: No cap (private providers)

Vermont does not cap economic or non-economic damages in medical malpractice cases against private health care providers.

Government Provider Claims: $500,000 per claimant12 V.S.A. § 5601

Claims against the State of Vermont or state-employed providers are subject to a $500,000 cap per claimant under the Vermont Tort Claims Act.

State law

Filing Requirements

Certificate of Merit12 V.S.A. § 1042

The plaintiff's attorney must file a certificate of merit with the complaint certifying that a qualified health care expert has reviewed the case and determined there is a reasonable likelihood the defendant failed to meet the standard of care. Failure to file is grounds for dismissal without prejudice.

State law

Key Vermont Statutes

Standard of Care12 V.S.A. § 1908

The plaintiff must prove the defendant lacked the degree of knowledge or skill, or failed to exercise the degree of care, ordinarily exercised by a reasonably skillful, careful, and prudent health care professional in a similar practice under the same or similar circumstances.

Informed Consent12 V.S.A. § 1909

A health care provider has a duty to disclose the risks and alternatives of a proposed treatment. Failure to obtain informed consent can be the basis for a malpractice claim. The certificate of merit requirement does not apply to informed consent claims.

State law

Official Sources

Vermont Legislature — Court Procedure Vermont Judiciary

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Vermont.

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Medical Malpractice Laws in Vermont.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Vermont Statutes

Official Sources

Not Legal Advice

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