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Vermont Medical Malpractice Lawyer

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Medical errors and negligence that have caused an injury or even death can be pursued through a medical malpractice attorney. In Vermont, as in other states, there are attorneys who specialize in this field. Because of the technical nature of medical malpractice cases, it is always advisable to seek an experienced and reputable attorney in this field.

Generally, medical malpractice attorneys will meet with you for a free evaluation of your case. If possible, it is best to bring your medical records to this meeting. Firms specializing in medical malpractice may have nurses or other medical professionals on staff to help evaluate your case. Because medical malpractice cases are complicated, you can plan on having a relationship with your attorney and staff for several years.

Vermont has not set limits on the fees that attorneys can charge in medical malpractice cases. At your initial meeting, you should fully understand the fees you will pay at the time your case is resolved. There will be costs involved in pursuing your case, such as expert witness fees. Often these costs are paid at the resolution of your case, but this will be something to make certain you understand before securing the attorney's services.

Expert witnesses will be necessary in your case to help the jury understand the medical issues. However, because Vermont does not require expert testimony to substantiate your case, if the facts are easy to understand, experts may not be required.

If you suspect that you have a medical malpractice claim because of an injury incurred by the negligent care of a doctor, nurse, dentist, pharmacist, hospital or other health care provider, you should seek legal advice right away. Vermont has a statute of limitations which generally provides that claims must be filed within three years of the negligent act, or discovery of the negligent act. However, there are some exceptions to this rule. Because it can often take months for an attorney to do a thorough review of your case before filing it with the appropriate courts, please know that time is of the essence in these matters.

There are specific elements in a medical malpractice case that have to be brought forth in order to prove a case. The attorneys have to show that a duty was owed, meaning that there is a legal duty that exists whenever a health care provider or hospital engages in the care or treatment of a person. Showing that the duty was breached is also important; breaching the duty is another way of saying that the provider did not conform to the standard of care that was relevant. This may be proven by an expert testimony or by obvious errors. It must furthermore be proven that the breach caused an injury, and that there are specific damages. If there are no damages, then there is no basis for a claim, even if the medical provider was negligent.

Nearly three-quarters of settled medical malpractice cases involved a medical error, and a recent study showed that an average of 195,000 deaths in a hospital from 2000 to 2002 in the U.S. occurred because of potentially preventable medical errors.

While medical malpractice tort reform has been a widely discussed topic nationally, in Vermont there have not been any statutory limitations set on the amount of damages you may seek. There are two types of damages, economic and non-economic, for which you may seek compensation. Economic damages are the actual costs for medical care and loss of income due to the injury. Non-economic damages are for your pain and suffering.