Medical malpractice in Vermont
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Vermont fact pattern
Medical malpractice in vermont.
Statute of limitations
3 years
12 V.S.A. § 521
Three years from the incident, or two years from reasonable discovery, whichever applies under the section.
- Read § 521. It is not a copy of § 512.