As in every state, a medical malpractice lawsuit can be a pretty complicated undertaking in Vermont, especially when compared with other types of civil lawsuits. On one hand, that's because of the complex medical and legal issues common to these kinds of lawsuits (most cases include the introduction of extensive treatment records as well as the detailed testimony of numerous medical experts). And on the other hand, a Vermont medical malpractice plaintiff must comply with certain procedural rules, besides just filing the complaint (that's the document that ordinarily starts a civil lawsuit).
These safeguards have been put in place as part of tort reform efforts, which seek to discourage the filing of frivolous injury-related lawsuits. In this article, we'll summarize one of the most important of these rules in Vermont, the requirement that a "certificate of merit" be filed alongside the initial complaint.
The "Certificate of Merit" Requirement in Vermont Medical Malpractice Lawsuits
In any Vermont civil lawsuit over personal injury or wrongful death "in which it is alleged that such injury or death resulted from the negligence of a health care provider" (that includes the vast majority of medical malpractice lawsuits), the initial complaint must be accompanied by a "certificate of merit."
In this document, the plaintiff (or the plaintiff's attorney) must swear under oath that he or she has consulted with a health care provider (who must qualify as an expert under Vermont law), and that, based on the available evidence, the health care provider has:
- described the applicable standard of care that the defendant health care provider was required to meet under the circumstances, when providing treatment to the plaintiff
- indicated that based on the evidence, "there is a reasonable likelihood that the plaintiff will be able to show that the defendant failed to meet that standard of care," and
- indicated a "reasonable likelihood that the plaintiff will be able to show that the defendant's failure to meet the standard of care caused the plaintiff's injury."
(Learn more: Do I Have a Medical Malpractice Case?)
Here are a few more key details to know about Vermont's certificate of merit requirement for medical malpractice lawsuits:
- Attestation to the strength of the plaintiff's case need not come from a single meeting with a single qualified expert, but rather may be based on "multiple consultations that collectively meet the requirements."
- A plaintiff's failure to file a required certificate of merit will be grounds for dismissal of the action "without prejudice," meaning the plaintiff can refile the lawsuit if all procedural requirements are met in the future.
- If the court determines that expert testimony is not required to establish the plaintiff's case for medical malpractice, the certificate of merit requirement may be waived. (These cases are rare.)
- For medical malpractice claims where the plaintiff's sole allegation against a health care provider is failure to obtain "informed consent," the certificate of merit requirement is waived.
The full details of Vermont's "certificate of merit" requirement are spelled out at 12 V.S.A. section 1042.
More Information on Vermont Medical Malpractice Cases
A Vermont medical malpractice plaintiff also needs to be aware of—and be in compliance with—the lawsuit filing deadline set by the statutes of limitations for medical malpractice lawsuits.
For more details on filing requirements and anything else related to a Vermont medical malpractice case—and of course, for legal advice that's tailored to your specific situation—it could be time to talk with an experienced Vermont medical malpractice lawyer.