Medical Malpractice Lawyer Serving Vermont
Medical malpractice cases involving birth injuries in Vermont are relatively rare but have had significant consequences. The state consistently reports among the lowest numbers of malpractice claims nationwide, with only 13 payments totaling approximately $6 million in 2023. Despite the low frequency, some cases have resulted in substantial settlements, such as a $3.85 million payout in 2022 for failure to identify fetal distress.
A notable case, Chater v. Central Vermont Hospital, involved a child who suffered cerebral palsy due to alleged delays in performing a cesarean section. Although the jury found the hospital negligent, it did not establish causation, resulting in no damages awarded.
In Vaillancourt v. Medical Center Hospital of Vermont, the court recognized wrongful death liability for the negligent death of a viable fetus, allowing the mother to recover damages for emotional distress.
Common causes of birth injury malpractice claims in Vermont include delayed cesarean sections, failure to monitor fetal distress, and mismanagement of breech deliveries, often leading to conditions like hypoxic-ischemic encephalopathy. While Vermont lacks caps on damages for private healthcare providers, claims against state-run facilities are limited to $500,000 per claimant.
Suppose you and your family have suffered and feel that an injury to your newborn child was the result of improper care at the time of the birth. In that case, you may want to discuss this with an attorney who specializes in medical malpractice in the State of Vermont.
At the law firm of David I. Schoen, we focus exclusively on medical malpractice, with a deep commitment to helping individuals harmed by improper treatment. Whether a provider failed to follow proper protocols, ignored critical symptoms, or administered the wrong treatment altogether, these errors can lead to unnecessary suffering, financial hardship, and loss of trust in the medical system. David Schoen’s experience enables him to understand both the medical complexities and the emotional toll these cases bring.
Backed by respected medical experts and a proven track record of success in Vermont courts, we work diligently to hold negligent providers accountable and secure fair compensation for our clients. If you believe your care—or the care of someone you love—was compromised by a failure to diagnose a condition, contact us today for a free consultation.
You deserve answers. You deserve justice. And we’re here to help you get both.
