By Appointment Only. Cases will be handled by attorneys licensed in the local jurisdiction. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel.
Medical Malpractice Claims in Vermont
When medical negligence causes serious injury, we fight to hold providers accountable.
By Appointment Only. Cases will be handled by attorneys licensed in the local jurisdiction. Cases may be associated with, or referred to, other law firms as co-counsel or referral counsel.
Vermont Personal Injury Lawyers
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What Happens if the Plaintiff Sues for Medical Malpractice Without a Certificate of Merit?
The court will most likely dismiss the lawsuit 'without prejudice.' This means the plaintiff can still file a civil lawsuit but only if they obtain the proper documentation.
However, if the court determines that the plaintiff can prove malpractice without a certificate of merit, they will waive this requirement. As a result, the plaintiff will only need to file an official complaint against the negligent party.
No Cap Policy
Many states limit the amount of compensation the plaintiff might be able to recover from a medical malpractice lawsuit. The limit applies even if the court determines that the defendant is guilty of negligence.
Vermont is one of the few states that do not limit the amount of compensation the plaintiff might be entitled to following a successful medical malpractice lawsuit.
How a Medical Malpractice Attorney Can Help
Medical malpractice cases are usually not the easiest to prove. This is actually one of the reasons you will need a certificate of merit before filing a lawsuit against the other party. Not every case qualifies as medical malpractice. But still, many people live a life of pain and sadness dealing with medical conditions caused by medical malpractice.
Here is how a medical malpractice lawyer in Vermont can help:
Case Evaluation
Before filing a medical malpractice lawsuit, you want to be sure that you have a valid case against the other party. But since these cases are complicated, an attorney can help determine whether you have a valid case against the other party.
Collecting Evidence
Even if you have a valid claim against the negligent party, you will need evidence to prove your case. An experienced medical malpractice lawyer can help collect the most critical evidence for your case, increasing your chances of obtaining a favorable outcome.
Analyzing Damages
An experienced medical malpractice attorney will analyze the damages caused by the negligent healthcare provider. They will also maximize your claim, ensuring you receive the compensation you need and deserve. Some common damages in medical malpractice cases include:
Economic Damages
Examples of economic damages include medical expenses, cost of caregiving, lost wages, loss of earning potential, future medical expenses, etc.
Non-Economic Damages
These damages include but are not limited to pain and suffering, emotional distress, and loss of consortium (filed by the victim's spouse or partner).
Negotiating on Your Behalf
The attorney will deal with the other party directly, so you won't have to. Lawyers know different tactics insurance companies use to avoid compensating victims of such injuries. By dealing with the other party directly, your attorney will fight for your rights and best interests.
Representing You in Court
Most malpractice cases settle out of court. However, there is always a possibility that the other party will refuse to cooperate with your legal team. In that case, your attorney can file a lawsuit against them, forcing them to appear in court.
Contact Morgan & Morgan Medical Malpractice Attorneys in Vermont
Morgan & Morgan medical malpractice attorneys can help you get the compensation you need and deserve if you or a loved one is a victim of malpractice in Vermont and the surrounding areas.
Medical providers are some of the most trusted professionals in the country, but some take this level of trust for granted. Therefore, you should not suffer in silence due to someone's negligence. Although financial compensation may not reverse the effects of medical malpractice, it can help cover the costs involved.
At Morgan & Morgan, we have a proven track record of fighting for individuals like you in Vermont and everywhere across the country. So call us today at 802-557-6300 to speak with one of our representatives or fill out our free case evaluation form, and we will get back to you within 24 hours.