FB Vermont Statute of Limitations for Birth Injuries, Medical Malpractice

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Vermont

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 21 years

SOL for Medical Malpractice Claims (Parental Claims): 3 years

SOL for Wrongful Death Claims: 3 years

Vermont Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

21 years: 12 Vt. Stat. Ann. § 551: (a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.

Vermont Statute of Limitations for Medical Malpractice Claims (Parental Claims)

3 years: 12 Vt. Stat. Ann. § 521: Actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient’s discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient’s body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object.

Vermont Medical Malpractice Claim Caps

None.

Vermont Statute of Limitations for Wrongful Death Claims

3 years: 12 Vt. Stat. Ann. § 521: Actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later…

Vermont Wrongful Death Claim Caps

Not applicable for the state of Vermont.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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