September 16, 2012

What is medical malpractice? Here are the “official” definitions of medical malpractice from Delaware, New Hampshire, and Vermont:


Insurance Code Insurance CHAPTER 68. HEALTH CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION Subchapter I. Definitions § 6801. Definitions. For the purpose of this chapter the following terms shall have the following meanings: … (7) “Medical negligence” means any tort or breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider to a patient. The standard of skill and care required of every health care provider in rendering professional services or health care to a patient shall be that degree of skill and care ordinarily employed in the same or similar field of medicine as defendant, and the use of reasonable care and diligence.

New Hampshire

TITLE LII ACTIONS, PROCESS, AND SERVICE OF PROCESS CHAPTER 507-C ACTIONS FOR MEDICAL INJURY Section 507-C:2 Burden of Proof. – I. In any action for medical injury, the plaintiff shall have the burden of proving by affirmative evidence consisting of the expert testimony of a competent witness or witnesses: (a) The standard of acceptable professional practice in the medical care provider’s profession or specialty thereof, if any, at the time the medical care in question was rendered; and (b) That the medical care provider failed to act in accordance with such standard; and (c) That as a proximate result thereof, the injured person suffered injuries which would not otherwise have occurred.


Title 12: Court Procedure Chapter 81: CONDUCT OF TRIAL 12 V.S.A. § 1908. Burden of proof  For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under chapter 23 of Title 26, a dentist licensed under chapter 13 of Title 26, a podiatrist licensed under chapter 7 of Title 26, a chiropractor licensed under chapter 9 of Title 26, a nurse licensed under chapter 27 of Title 26, or an osteopathic physician licensed under chapter 33 of Title 26, the plaintiff shall have the burden of proving: (1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances whether or not within the state of Vermont. (2) That the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and (3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.

If you, a family member, a loved one, or a friend may have been injured as a result of medical malpractice in Delaware, New Hampshire, Vermont, or in another state in the United States, you should promptly seek the advice of a local medical malpractice attorney in your state to discuss your possible medical malpractice claim.

Click here to visit our website or telephone us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in Delaware, New Hampshire, Vermont or in your state, who may be willing to investigate your possible medical malpractice claim for you and represent you in your medical malpractice case, if appropriate.

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