Vermont H 427: An act relating to a uniform process for foreign credential verification in the Office of Professional Regulation

Bill Text

BILL AS INTRODUCED H.427
2025 Page 1 of 18

VT LEG #380514 v.1
H.427 1
Introduced by Representative Galfetti of Barre Town 2
Referred to Committee on 3
Date: 4
Subject: Court procedure; medical malpractice actions 5
Statement of purpose of bill as introduced: This bill proposes to establish 6
limits on the amount of damages recoverable in medical malpractice actions 7
and to establish pretrial screening panels for medical malpractice claims. 8
An act relating to medical malpractice actions 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 12 V.S.A. § 1914 is added to read: 11
§ 1914. MEDICAL MALPRACTICE; LIMITATIONS ON DAMAGES 12
(a) The damages awarded for pain and suffering or other noneconomic loss 13
in an action based on medical malpractice shall not exceed the amount of: 14
(1) $250,000.00 per claimant if the defendant is a natural person; and 15
(2) $500,000.00 per claimant and $250,000.00 per defendant if the 16
defendant is not a natural person. 17
(b) The damages awarded for wrongful death in an action based on medical 18
malpractice shall not exceed the amount of $500,000.00 per claimant. 19

BILL AS INTRODUCED H.427
2025 Page 2 of 18

VT LEG #380514 v.1
(c) The amount of punitive damages awarded shall not exceed $200,000.00 1
or twice the total of economic and noneconomic losses, whichever is greater. 2
Sec. 2. 12 V.S.A. chapter 223 is added to read: 3
CHAPTER 223. SCREENING PANELS FOR 4
MEDICAL INJURY CLAIMS 5
§ 7401. FINDINGS, PURPOSE, AND INTENT 6
(a) Availability and affordability of insurance against liability for medical 7
injury is essential for the protection of patients as well as ensuring availability 8
of and access to essential medical and hospital care. This chapter affirms the 9
intent of the General Assembly to contain the costs of the medical injury 10
reparations system and to promote availability and affordability of insurance 11
against liability for medical injury. Claims for medical injury should be 12
resolved as early and inexpensively as possible to contain system costs. 13
Claims that are resolved before court determination cost less to resolve than 14
claims that must be resolved by a court. Meritorious claims should be 15
identified as quickly as possible, as should nonmeritorious claims. Defendants 16
should consider paying or compromising on meritorious claims, and plaintiffs 17
should consider withdrawing or compromising on nonmeritorious claims, as 18
soon as the merits of the claims are known to the parties. Presentation of 19
claims to a medical review panel is intended to help identify both meritorious 20
and nonmeritorious claims without the delay and expense of a court trial. It is 21

BILL AS INTRODUCED H.427
2025 Page 3 of 18

VT LEG #380514 v.1
essential to the effectiveness of the panel process that panel proceedings be 1
confidential unless and until a matter heard by a panel proceeds to trial. It is 2
equally essential to the effectiveness of the panel process that a panel’s 3
unanimous findings be presented to the jury in any matter that is not resolved 4
prior to trial. The panel process will encourage the prompt resolution of claims 5
because both sides will be given an objective view of the merits. If the panel 6
finds that a claim has merit, the defendant will be more likely to pay the claim 7
or negotiate a compromise that is favorable to the claimant. If the panel finds 8
that the claim lacks merit, the claimant is more likely to withdraw the claim or 9
accept a nominal settlement. 10
(b) The purposes of pretrial screening panels are: 11
(1) to identify claims of professional negligence that merit compensation 12
and to encourage early resolution of those claims prior to commencement of a 13
lawsuit; and 14
(2) to identify claims of professional negligence and to encourage early 15
withdrawal or dismissal of nonmeritorious claims. 16
§ 7402. DEFINITIONS 17
As used in this chapter: 18
(1) “Action for medical injury” means any action against a medical care 19
provider, whether based in tort, contract, or otherwise, to recover damages on 20
account of medical injury. 21

BILL AS INTRODUCED H.427
2025 Page 4 of 18

VT LEG #380514 v.1
(2) “Medical care provider” means a physician, physician assistant, 1
registered or licensed practical nurse, hospital, clinic, or other health care 2
agency licensed by the State or otherwise lawfully providing medical care or 3
services, or an officer, employee, or agent thereof acting in the course and 4
scope of employment. 5
(3) “Medical injury” or “injury” means any adverse, untoward, or 6
undesired consequences arising out of or sustained in the course of 7
professional services rendered by a medical care provider, whether resulting 8
from negligence, error, or omission in the performance of such services; from 9
rendition of such services without informed consent or in breach of warranty or 10
in violation of contract; from failure to diagnose; from premature abandonment 11
of a pa