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Do I Have A Vermont Medical Malpractice Case?

An Overview of Medical Malpractice Law in Vermont

The large majority of doctors, nurses and hospitals do incredibly important work and try their best to treat each and every patient to the best of their abilities.  In spite of their best work, doctors and nurses are just like everyone else and frequently make mistakes while treating their patients – in fact, a recent study found that medical error is so common that it is the third leading cause of death each year in the United States.  The study also found that only 10% of those errors are reported.

With medical error being such a common occurrence, many patients often wonder whether their doctor has made a mistake while treating their injury or illness.  Or they wonder whether the death or suffering of a loved one could have been prevented if doctors had acted sooner or diagnosed an illness earlier.  Others will wonder if the painful or invasive treatment they’ve received was even necessary.

If you have wondered about any of the above scenarios or have additional questions regarding a potential case of medical malpractice, contacting a local attorney to discuss your case is a great place to start for a number of reasons.

The duty of care that a doctor owes to a patient is much higher than the duty one person owes to another. This is because of the contractual duty of the doctor to provide the appropriate care to the patient, as well as the education and skill that makes him or her a trusted professional. When a doctor’s careless actions or inactions cause you or a loved one harm, medical malpractice may have occurred.

Different Types of Medical Malpractice Claims

There are many different types of medical malpractice claims that can occur.  To start, you must first have a doctor patient relationship.  Once a doctor patient relationship is established – through a consultation, treatment, or even through a number of phone calls – a doctor owes a patient a heightened level of care called the duty of care. In order to bring a claim for medical malpractice, you must be able to prove that the duty of care was breached.

The ways that the duty of care can be breached and a medical malpractice claim be valid usually falls into one of the following scenarios:

  • Failure to Diagnose – A failure to diagnose occurs when a doctor or nurse fails to order the proper tests, misinterprets the results of a test, fails to recognize the symptoms of a certain condition or illness, or fails to recognize or diagnose an illness quickly enough.  This can lead to a condition worsening or progressing to a point where treatment is less effective than it would have been at an earlier stage.
    • Common Illnesses that are missed or misdiagnosed include heart attack, cancer, stroke, diabetes, brain trauma, immune or digestive diseases or many mental health illnesses.
  • Providing Inadequate treatment – If a doctor treats you in a manner that is below the standard that a competent doctor in your area should have treated you, you may have a valid case of medical malpractice.  Inadequate treatment can take place from the smallest injuries to the largest illness and can include improperly treating a mother and child before, during or after birth, prescribing improper or inadequate medications, performing a surgical procedure incorrectly, failing to sufficiently follow up with a patient, or failing to prevent infection.
  • The failure to warn or provide informed consent – Before your doctor can perform a surgical procedure or provide treatment, he or she must provide you with all of the information you need to make an informed decision regarding your care.  If you have received treatment and weren’t warned of the risks or alternatives you could have received, you may have a claim for medical malpractice.

The Ability to Recognize A Medical Error and the Damages the Error has Caused

Because the world of medicine and medical treatment is so complex, it can feel nearly impossible to figure out whether or medical malpractice has occurred.  To help guide you and to provide you with peace of mind, the best step you can take is to contact an attorney to discuss your treatment.  An experienced attorney will be able to review your treatment and to inform you whether or not it would be worth your time to bring a case and to let you know whether or not you might be able to receive compensation.

Once you and your attorney have decided you have a claim worth filing in court, an attorney will be able to collect the necessary medical records to prove your case and provide you with the greatest compensation possible.


Our team has built a reputation for compassionate and fierce advocacy on behalf of our clients.  If you or someone you know may have been the victim of medical malpractice, you can reach Kramer Law by calling a 802-257-2221 or using our quick and easy contact form.  We are also conveniently located in downtown Brattleboro at 42 Park Place if you would prefer to stop by.  We are also happy to discuss your case remotely on Zoom if you wish.

As our client, we will take care of all of the legal, privacy and insurance related issues surrounding your case so that you are able to recover and work towards a better and brighter future.


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42 Park Place
Brattleboro, Vermont 05301
Phone: 802-257-2221
Fax: 802-257-2373
Cell: 802-380-2335
Email: [email protected]

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