Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The damages rule is the same. The clock and the paperwork differ.

The clock for injuries

Actions for injuries to the person must be commenced within three years after the cause of action accrues, and the cause is deemed to accrue on the date of discovery of the injury.

The clock for malpractice

Medical malpractice actions must be brought within three years 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 incident. Fraudulent concealment and foreign objects have their own rules.

Certificate of merit

For injury or death on or after February 1, 2013 alleged to result from a health care provider's negligence, no action may be filed unless a certificate of merit is filed simultaneously with the complaint, certifying that a qualified provider has described the standard of care and the basis for a claim.

No cap on either

We found no cap on noneconomic damages in either type of claim.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Vermont's rules apply to your specific case with a licensed Vermont attorney.