Bill > H0427

This bill establishes comprehensive reforms to medical malpractice litigation in Vermont by introducing two primary mechanisms: damage caps and a mandatory pretrial screening panel process. The damage caps limit noneconomic damages to $250,000 per claimant for cases involving individual defendants and $500,000 per claimant for cases involving institutional defendants, with wrongful death claims capped at $500,000 and punitive damages limited to $200,000 or twice the economic and noneconomic losses. The pretrial screening panel process requires medical malpractice claims to first go through a confidential review by a panel consisting of a retired judge or experienced legal professional, an attorney, and a healthcare professional in the same specialty as the defendant. The panel will evaluate the claim's merit by determining whether the medical provider deviated from the standard of care and whether that deviation proximately caused the patient's injury. The panel's unanimous findings can be admissible in subsequent court proceedings, and the process is designed to encourage early resolution of claims, reduce litigation costs, and help parties understand the potential strengths and weaknesses of their cases before proceeding to trial. The bill also mandates annual reporting on the screening panel process and medical malpractice insurance market to help track the effectiveness of these reforms. The new provisions will take effect on July 1, 2025.

Justice

https://legislature.vermont.gov/bill/status/2026/H.427