{"data":{"id":"us-vt/12-v.s.a.-1908","jurisdiction":"us-vt","citation":"12 V.S.A. § 1908","heading":"Burden of proof","body":"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 26 V.S.A. chapter 23, a dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under 26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. chapter 33, the plaintiff shall have the burden of proving:\n(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;\n(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and\n(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.","path":["Title 12: Court Procedure","Chapter 081: Conduct of Trial","Subchapter 001: GENERALLY"],"source_url":"https://legislature.vermont.gov/statutes/section/12/081/01908","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T16:37:27Z","sha256":"8ef4100b1719f9a35276e5742bcf7ca3f32e0150c709519267a3f899f6f88b4f","source_id":"us-vt","stale":false,"prev":"us-vt/12-v.s.a.-1907","next":"us-vt/12-v.s.a.-1909"},"notice":"GroundRules: Original legal text. Not legal advice."}