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Statute of Limitations

Actions must be filed within three years of the date of the act or omission giving rise to the claim, or up to two years from the date the injury was or should reasonably have been discovered

Comparative or contributory negligence

modified comparative negligence, claimant's action is barred if his negligence is more than the combined negligence of all defendants

Nature of accused's liability

Vermont has abolished this rule, each defendant is liable for damages in an amount proportionate to that defendant's fault for the plaintiff's injury

Law of contribution

N/A

Expert testimony standards

Vermont does not impose special restrictions on testimony of expert witnesses

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

Under the collateral source rule, a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

Vermont has waived its sovereign immunity.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability