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, ranks Sylvester & Maley #1 in Vermont for Medical Malplractice Law with 3 attorneys listed. Attorneys Alan Sylvester, John Maley and Christopher Maley were 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.

The Process of Pursuing 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.

I. Introduction
Generally, attempting to evaluate and resolve a medical malpractice claim on your own is not recommended. The doctor is rarely the person authorized to settle a case. Risk management departments, insurance company representatives, and the doctor's attorney are ordinarily the decision makers as to whether compensation should be offered. The loyalty of such individuals is with the physicians, nurses, and hospitals they represent. In most cases, their evaluations are geared to encourage you not to pursue an action or to resolve the case for the smallest figure possible. In almost all cases, you need an experienced medical malpractice lawyer to help you evaluate and prosecute your claim.

II. Statute of Limitations
When considering whether to pursue a medical malpractice claim, you must be aware that time is of the essence. These cases are by their nature complex and generally require several months of evaluation prior to deciding whether to file a lawsuit.

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
After obtaining and reviewing the relevant medical records, one of our experienced medical malpractice attorneys can make the determination as to whether there is a potential claim warranting an expert review of the medical records. With very few exceptions, for a medical malpractice claim to be viable, expert testimony of a physician is required. Experts in the appropriate specialty may opine as to whether the physician departed from the standard of care of reasonably skillful physician within that specialty under the same or similar circumstances. Experts may also offer opinions as to whether the negligence of the physician was the proximate cause of physical and emotional harm. Most cases require experts from multiple specialties. Unless we are able to obtain the appropriate expert medical opinions from qualified and respected physicians, the medical malpractice lawyers at Sylvester & Maley will not pursue your case.

V. File a Lawsuit
If we are able to obtain favorable expert opinions, and we believe your claim is legitimate, we may attempt to negotiate a settlement without filing a lawsuit. However, few medical malpractice cases resolve in this manner. Most require that a lawsuit be filed and most take several months, and more often two to three years to resolve. The insurance companies must thoroughly evaluate the claim, including seeking their own expert opinions, prior to making a determination as to whether to offer compensation to settle the case. If the defendant does not make a reasonable settlement offer, a trial will be necessary.

Professional Referrals in the Area of Medical Malpractice

Vermont Law Pertaining to Medical Malpractice

A. Medical Negligence
In an action for medical malpractice, otherwise known as medical negligence, the plaintiff has the burden of proving the applicable "standard of care." In Vermont, the standard of care is defined as: "The degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances whether or not within the State of Vermont." 12 V.S.A. § 1908. The law imposes an objective standard, and measures the defendant doctor's conduct against that of a reasonable doctor. The plaintiff must also prove the defendant physician breached that standard, and that as a proximate result the plaintiff suffered injuries that would not have otherwise occurred.

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
Patients must be informed of the significant risks and benefits of a course of treatment. Failure to do so may give rise to a cause of action called failure to obtain informed consent. The Vermont statute on informed consent only requires doctors to disclose those risks and alternatives that "a reasonable medical practitioner under similar circumstances would have disclosed." 12 V.S.A. § 1909. Vermont law defines "lack of informed consent" as: "The failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation." 12 V.S.A. § 1909.

C. Statutes Of Limitation
Generally, the statutes of limitations in Vermont require that personal injury and medical malpractice claims be brought within three years from the conduct giving rise to the claim, but there are significant exceptions to these laws. 12 V.S.A. § 512(4), 12 V.S.A. § 521, and 12 V.S.A. § 551. 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. 12 V.S.A. § 521. Potential medical malpractice claims take a long time to appropriately evaluate to determine whether a claim should be pursued. Therefore, it is advisable to contact an attorney as soon as possible so that time limitations do not prevent you or your family member from pursuing an otherwise meritorious claim.

Helpful Web Resources

• YourSurgury.com - Easy to understand information on surgeries
• WebMD - General medical information
• Vermont Department of Health
• United Cerebral Palsy
• March of Dimes
• New England Journal of Medicine
• National Breast Cancer Centre (Australia)
• National Cancer Institute
• American Cancer Society
• Pub Med
• Merck Manual
• American Heart Association
• American Board of Medical Specialties
• Physicians Desk Reference
• E-Medicine.com
• National Guidelines Clearinghouse
• DocBoard.org - Information on Vermont doctors