The Vermont Statutes Online

Title 12: Court Procedure

Chapter 23: LIMITATION OF TIME FOR COMMENCEMENT OF ACTIONS

Sub-Chapter 02: Actions Limited

12 V.S.A. § 521. Medical malpractice



§ 521. Medical malpractice

Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient's discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient's body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object. (Added 1977, No. 248 (Adj. Sess.).)