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★ Vermont · medical negligence

Medical negligence settlements
in Vermont.

By 9 min read

Vermont requires a certificate of merit from a qualified expert filed with the complaint. A husband whose wife was told she had allergies, then died of a pulmonary embolism three days later, lost both suits because the first lacked the certificate and the second came too late. A man blinded in one eye after cataract surgery had his case revived.

Facts that decide a medical negligence claim in Vermont

Certificate of meritFor injuries on or after February 1, 2013, a certificate that a qualified expert has reviewed the claim must be filed with the complaint.12 V.S.A. § 1042(a)
Malpractice deadlineThree years from the incident or two years from discovery, whichever is later, but no later than seven years from the incident.12 V.S.A. § 521
Standard of care at trialThe jury decides whether care met the standard; in Watrous (2025) it found for Porter Medical Center, and a new trial was denied.Watrous v. Porter Medical Center (Vt. 2025)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Vermont. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

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★ VT · reported medical negligence outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • Quinlan v. Five-Town Health Alliance
    Vermont Supreme Court · 2018
    Both suits dismissed; affirmed

    On October 21, 2014, Lincy Sullivan told a physician assistant at Mountain Health Center in Bristol about shortness of breath, leg pain and chest pain. He diagnosed allergies and prescribed an inhaler. She died of a pulmonary embolism on October 24. Her husband sued on October 5, 2016 without a certificate of merit; it was dismissed, and the refiled suit was untimely.

  • Tillson v. Lane
    Vermont Supreme Court · 2015
    Summary judgment reversed

    Dow Tillson had elective cataract surgery on his left eye at Springfield Hospital. Within a day the eye showed signs of infection; the surgeon made a presumptive diagnosis of endophthalmitis but did not refer him to a retina specialist, and within 48 hours he was permanently blind in that eye. The trial court called his expert’s opinion loss of chance evidence; the Supreme Court reversed.

★ VT · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Vermont.

  1. 1

    File the certificate of merit with the complaint, not after.

  2. 2

    In a death case, the two year wrongful death deadline can run out while you wait.

  3. 3

    Your expert should say the better outcome was more likely than not.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
DelawareModified comparative, 51% bar2 years from date of injuryDE · medical negligence →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
MarylandPure contributory negligence3 years from date of injuryMD · medical negligence →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · medical negligence →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence →
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
★ VT · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of VT
Vermont overview

Fault rule, statute, caps, and key facts for Vermont as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.