When you visit a doctor, enter a hospital, or receive any type of medical treatment, you place tremendous trust in healthcare professionals. You rely on their training, judgment, and commitment to your well-being. Most medical providers honor that trust every day, but mistakes do happen. When errors in diagnosis, treatment, or surgical procedures result in harm, the consequences can be devastating for patients and their families.
Medical negligence can turn your life upside down in an instant, leaving you facing mounting medical bills, lost wages, ongoing pain, and an uncertain future. During this difficult time, you need advocates who will stand by your side and fight for the justice you deserve. Our Vermont medical malpractice lawyers at Kramer Law, P.C., have a dedicated team of professionals representing individuals who have suffered because of substandard medical care. As expected, one of the first questions clients ask is what qualifies as medical malpractice.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, directly resulting in patient harm. This standard refers to what a reasonably competent medical professional would do under similar circumstances.
Examples include misdiagnosis or delayed diagnosis of serious conditions, surgical errors such as operating on the wrong body part, medication mistakes, birth injuries caused by improper prenatal care or delivery, and failure to obtain informed consent before procedures. However, not every negative medical outcome constitutes malpractice. Our Vermont medical malpractice lawyers must prove that the provider’s negligence directly caused your injuries and that those injuries resulted in specific damages.
Vermont law establishes specific time limits for filing medical malpractice lawsuits, known as statutes of limitations. Generally, you have three years from the date of the alleged malpractice to file your claim. However, if you did not immediately discover the injury, you may have two years from when you discovered or reasonably should have discovered the harm.
There is also an absolute limit of seven years from the date of the negligent act, with limited exceptions. These deadlines are strict, and missing them typically means losing your right to pursue compensation, so consulting attorneys promptly helps protect your legal rights.
Successful medical malpractice claims can result in compensation for various losses. Economic damages include past and future medical expenses, rehabilitation costs, lost wages, and diminished earning capacity. Non-economic damages address pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.
Vermont does not cap damages in medical malpractice cases, so juries can award whatever they deem appropriate based on the evidence presented. Calculating the full value of your claim requires thorough analysis of medical records, consultation with medical professionals, and projection of the injured party’s future needs.
No, you do not need to prove intentional wrongdoing or malicious intent to succeed in a medical malpractice claim. These cases are based on negligence, which means the healthcare provider failed to exercise reasonable care under the circumstances. The focus is on whether the provider’s actions fell below the accepted standard of care and whether that deviation caused your injuries.
Even well-meaning doctors who made honest mistakes can be held liable if their conduct was negligent, as the law recognizes that patients deserve compensation when substandard care causes harm, regardless of the provider’s intentions or motivations.
Vermont law requires plaintiffs to file an affidavit from a qualified healthcare provider stating that the claim has merit before proceeding with litigation. This requirement helps prevent frivolous lawsuits while allowing legitimate claims to move forward through the court system.
Additionally, medical malpractice cases almost always require testimony from qualified medical professionals who can explain the standard of care and how the defendant deviated from it. Our Vermont medical malpractice lawyers work with these witnesses, who review medical records, evaluate the treatment provided, and offer opinions about whether the care met professional standards while addressing causation.
Yes, Vermont allows certain family members to file wrongful death claims when medical negligence causes a patient’s death. The personal representative of the deceased’s estate typically brings this action on behalf of surviving family members, including spouses, children, and parents.
These claims can recover damages for funeral and burial expenses, medical costs incurred before death, lost financial support the deceased would have provided, and loss of companionship and guidance. Wrongful death cases follow similar procedures to other medical malpractice claims but carry additional emotional weight and legal considerations that require sensitive handling and thorough legal representation.
Medical malpractice law requires specific knowledge and experience that general practice attorneys may not possess. These cases involve intricate medical concepts, detailed healthcare regulations, and substantial procedural requirements that demand focused attention.
Attorneys who concentrate on medical negligence also have established relationships with medical consultants, know how to review and interpret medical records, and can build persuasive cases against healthcare providers and their insurance companies. They also recognize the tactics that defense attorneys commonly use and can anticipate and counter these strategies effectively, giving you the best chance of achieving a favorable outcome.
The process typically begins with an initial consultation where you share your story and provide medical records for review. If the case has merit, our Vermont medical malpractice lawyers file a complaint in court, triggering the discovery phase where both sides exchange information and take depositions.
Many cases settle during this period through negotiation, but if settlement discussions fail, the case proceeds to trial. Throughout this process, our team handles all legal matters, communicates with insurance companies, and keeps you informed of developments while working toward the best possible resolution.
If you believe that medical negligence caused your or a loved one’s injuries, do not hesitate to contact our Vermont medical malpractice lawyers at Kramer Law, P.C. Call us today at 802-257-2221 or fill out the online form for a free consultation. With offices located in Brattleboro, VT, we proudly serve all clients statewide.
