Health Justice Transformation - Vermont

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

All parties may agree to submit the claim to arbitration. The panel must issue a written decision, which shall state certain findings of fact, and shall specify damages if such a decision is in favor of the plaintiff. Either party may appeal the panel's decision.

Standards for Expert Testimony/Witness

Expert testimony must be presented to establish a deviation from the applicable standard of care, unless the negligence is so apparent as to be comprehensible to the average juror.