Medical Malpractice in Vermont
Sylvester & Maley Attorneys - (Tel. 802-864-5722)
The Vermont medical malpractice attorneys at Sylvester & Maley have a long history of representing individuals in the area of medical malpractice, and continue to regularly represent patients who have been injured, or the families of those who have died as a result of the negligence of medical professionals and healthcare providers.
Best Lawyers®, the legal profession's oldest peer-review publication, top lists Sylvester & Maley in Vermont for Medical Malplractice Law with 3 attorneys listed. Attorneys Alan Sylvester, John Maley and Christopher Maley are among only 6 attorneys in the entire State of Vermont selected to Best Lawyers in the area of plaintiff’s medical malpractice law.
Examples of Medical Malpractice Cases in Vermont
For example, in the early 1980s the medical malpractice lawyers at Sylvester & Maley represented a family whose infant daughter was born with cerebral palsy as a result of the malpractice of the obstetrician and hospital. After extensive pre-trial discovery, all aspects of the claim were settled for over $2,000,000. This was the first of many claims involving victims of hospital and obstetrical malpractice resulting in cerebral palsy. Since that time, the firm has recovered in excess of one million dollars for victims of medical malpractice on numerous occasions. By way of example, in 2006, the medical malpractice attorneys at Sylvester & Maley recovered $2,375,000.00 in a medical malpractice case involving the negligent delay in diagnosis of prostate cancer. That same year, John Maley and Chris Maley settled a medical malpractice case alleging negligent discharge of a six-month old boy from an emergency department resulting in brain damage, blindness, cerebral palsy, and ultimately death two and a half years later. At the request of the defendant, the amount of this settlement is to remain confidential.
Some more recent medical malpractice cases include a 2007 settlement in a wrongful death medical malpractice claim for an undisclosed amount, and a 2008 jury verdict for $800,000 in a wrongful death claim involving the failure to monitor a patient on Coumadin.
The firm has also handled claims involving inappropriate monitoring and treatment of hypoglycemia in a newborn resulting in brain injury. Other examples of medical malpractice cases handled by the firm include failure to diagnose cancer, anesthesia and medication errors, overdoses, negligent monitoring, negligent emergency room care, surgical errors, birth injuries resulting in brain damage, and negligent nursing care. Medical malpractice cases are extremely complex and, therefore, require attorneys with demonstrated skill and experience in that area.
Call for a free consultation: 802-864-5722
The medical malpractice lawyers at Sylvester & Maley work closely with some of the most knowledgeable and renowned medical experts in the country and have a strong record of obtaining significant recoveries on behalf of victims of medical malpractice.
If you have experienced a loss due to the negligence of a medical professional or healthcare provider in Vermont, feel free to contact us via our inquiry form or call collect at 802-864-5722 for a free initial consultation and case evaluation with one of our lawyers.
Filing a Medical Malpractice Claim in Vermont
Most bad outcomes, deaths or injuries in the setting of medical care are not the result of medical negligence. The vast majority of doctors, nurses and other care providers are competent and diligent professionals. Only those instances when a medical professional fails to do what is expected of an average professional and a serious injury results is there potential for a claim.
II. Statute of Limitations
Generally, the statute of limitations for medical malpractice cases in Vermont requires that the claim be brought within three years from the date of the conduct giving rise to the claim. 12 V.S.A. S 521. This means a lawsuit must be filed within three years or the right to recovery is barred. However, there are significant exceptions to these laws. For example, where the action is based upon the discovery of a foreign object in the patient's body, which is not discovered within the three year period, the action may be commenced within two years of the date of the discovery of the foreign object. There are other situations where the three-year period may be extended.
Consultation with an attorney regarding the nuances of the applicable statute of limitations is important. Generally, the time periods do not begin to run until the injured party has or should have discovered her injury and the fact that it may have been caused by defendant's negligence.
III. Obtain an Expert Opinion
V. File a Lawsuit
Professional Referrals in the Area of Medical Malpractice
Sylvester & Maley receives many medical malpractice referrals from other attorneys both inside and outside of Vermont. The firm provides referral fees to referring attorneys within the statutes and ethical guidelines of their respective states and jurisdictions. Attorneys refer medical malpractice cases to us for a variety of reasons including matters in which we have particular experience, matters that require extensive commitment of time and resources, or cases that present complex or unusual legal issues. If you are an attorney considering referring us a potential case, please feel free to call 802-864-5722 or contact us by email.
Vermont Law Pertaining to Medical Malpractice
A. Medical Negligence
Negligence and causation must be established by a "preponderance of the evidence," or within a "reasonable degree of certainty" or to a "reasonable medical probability." These phrases mean "more likely than not," or greater than a fifty percent likelihood.
Medical negligence claimants must offer expert testimony with respect to the applicable standard of care, the breach of the standard of care, and the causal link between the negligence and the harm sustained.
B. Failure To Obtain Informed Consent
C. Statutes Of Limitation
Helpful Web Resources
Sylvester & Maley Disclaimer: The information offered herein by Sylvester & Maley, Vermont Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. To learn more about a specific case or injury, please contact any one of our personal injury attorneys. Our lawyers based in Burlington, Vermont, are experienced in personal injury cases including automobile accidents, wrongful death, medical injuries, prescription drug, skiing accidents, boating accidents, carbon monoxide poisoning, toxic torts, nursing home abuse, nursing home neglect, professional malpractice, insurance bad faith, pharmaceutical litigation, and more.
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