## How the limitation period applies

The controlling primary authority for US-VT medical malpractice SOL (12-023-00521) is **12-023-00521**.

> **12-023-00521.** 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

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [12-023-00521 — 12-023-00521](https://legislature.vermont.gov/statutes/section/12/023/00521)

All sources are official primary law published by `legislature.vermont.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Medical Malpractice in Vermont.

Statute of Limitations for Medical Malpractice in Vermont

A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter.

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: ... (4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury.

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: (1) assault and battery; (2) false imprisonment; (3) slander and libel; (4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury; (5) damage to personal property suffered by the act or default of another.

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.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by subsection (1) of this section is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this title becomes effective.

The action shall be brought in the name of the personal representative of the deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom the action accrues is out of the State, the action may be commenced within two years after the person comes into the State. ... If the death of the decedent occurred under circumstances such that probable cause is found to charge a person with homicide, the action shall be commenced within seven years after the discovery of the death of the decedent or not more than two years after the judgment in that criminal action has become final, whichever occurs later.

(a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.

A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter. (Amended 1959, No. 261, § 3.)

(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse or exploitation incidents caused the injury.

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: (1) assault and battery; (2) false imprisonment; (3) slander and libel;

§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: (1) assault and battery; (2) false imprisonment; (3) slander and libel; (4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury; (5) damage to personal property suffered by the act or default of another.

The action shall be brought in the name of the personal representative of the deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom the action accrues is out of the State, the action may be commenced within two years after the person comes into the State. After the cause of action accrues and before the two years have run, if the person against whom it accrues is absent from and resides out of the State and has no known property within the State that can by common process of law be attached, the time of his or her absence shall not be taken as part of the time limited for the commencement of the action. If the death of the decedent occurred under circumstances such that probable cause is found to charge a person with homicide, the action shall be commenced within seven years after the discovery of the death of the decedent or not more than two years after the judgment in that criminal action has become final, whichever occurs later.

except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury

Under 12 V.S.A. § 511, a civil action in Vermont must be commenced within six years after the cause of action accrues, with two carve-outs: (1) actions brought upon a judgment or decree of a court of record of the United States or of any state are excluded, and (2) the six-year residual period yields where another statute otherwise provides a different limitations period for the specific cause of action.

Vermont imposes a three-year statute of limitations on personal-injury actions: per 12 V.S.A. § 512, '[a]ctions for the following causes shall be commenced within three years after the cause of action accrues, and not after,' and subsection (4) covers 'injuries to the person suffered by the act or default of another person,' with the cause of action deemed to accrue 'as of the date of the discovery of the injury,' subject to any other limitation otherwise provided in chapter 23.

Under 12 V.S.A. § 522(a), a civil action for damages based on childhood sexual or physical abuse may be commenced at any time after the act, meaning Vermont imposes no statute of limitations on such claims. Per § 522(d)-(e), this rule applies retroactively to childhood sexual abuse predating July 1, 2019 and childhood physical abuse predating July 1, 2021, subject to a gross-negligence threshold for entity defendants on claims that would otherwise have been time-barred.

Under 12 V.S.A. § 512(4), injuries to the person suffered by another's act or default must be commenced within three years after the cause of action accrues, with the cause of action deemed to accrue at discovery of the injury. The same section covers assault/battery (1), false imprisonment (2), slander/libel (3), and personal-property damage (5) at the same 3-year limit. Discovery rule codified in (4).

Vermont imposes a three-year statute of limitations on legal malpractice actions under 12 V.S.A. § 512(4), which covers 'injuries to the person suffered by the act or default of another person.' Vermont has no claim-specific statute for legal malpractice; such claims route to the general personal injury limitations period in § 512(4). The cause of action accrues 'as of the date of the discovery of the injury,' codifying a discovery rule. The statute requires that actions 'be commenced within thr

Statute of limitations for personal injury in US-VT is 3 years under 12 V.S.A. § 512(4).

Statute of limitations for general civil action in US-VT is 6 years under 12 V.S.A. § 511.

Statute of limitations for medical malpractice in US-VT is 3 years under 12 V.S.A. § 521.

Statute of limitations for product liability in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for premises liability in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for libel in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for slander in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for property damage in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for trespass in US-VT is 3 years under 12 V.S.A. § 512.

Statute of limitations for wrongful death in US-VT is 2 years under 14 V.S.A. § 1492.

Statute of limitations for legal malpractice in US-VT is 6 years under 12 V.S.A. § 511.

Statute of limitations for breach written contract in US-VT is 6 years under 12 V.S.A. § 511.

Statute of limitations for breach oral contract in US-VT is 6 years under 12 V.S.A. § 511.

Statute of limitations for ucc sale of goods in US-VT is 4 years under 9A V.S.A. § 2-725.

Statute of limitations for fraud in US-VT is 6 years under 12 V.S.A. § 511.

Vermont has no fraud-specific limitations statute; common-law fraud and deceit fall under the general civil-action period of 12 V.S.A. § 511, which requires the action be commenced within six years after the cause of action accrues.

Vermont discovery rule is codified in 12 V.S.A. § 512(4): personal-injury cause of action accrues as of the date of discovery of the injury. Confirmed by Vermont Supreme Court in Lillicrap v. Martin (1991).

Vermont tolling for minor plaintiffs: 12 V.S.A. § 551 suspends the limitations period during minority; the action may be brought within the normal period after the disability is removed.

Vermont defendant-absence tolling: 12 V.S.A. § 552 suspends the period when the defendant is out of state and has no attachable property in Vermont.

Vermont fraudulent-concealment tolling: 12 V.S.A. § 555 excludes the pre-discovery period from the limitations period when the defendant fraudulently concealed the cause of action.

Statute of limitations for child sexual abuse in US-VT is 999 years under 12 V.S.A. § 522.

When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.

If a person is out of the State when a cause of action of a personal nature mentioned in this chapter accrues against him or her, the action may be commenced within the time limited therefor after such person comes into the State. If a person is absent from and resides out of the State after a cause of action accrues against him or her and before the statute has run, and he or she has not known property within the State which can by common process of law be attached, the time of his or her absence shall not be taken as a part of the time limited for the commencement of the action. The provisions of this section shall not extend to a cause of action accruing in another state or government, when the parties thereto at the time of the accruing of such cause of action are residents of such other state or government.

When a person entitled to bring a personal action is prevented from so doing by the fraudulent concealment of the cause of such action by the person against whom it lies, the period prior to the discovery of such cause of action shall be excluded in determining the time limited for the commencement thereof.

When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed. (b) If a person entitled to bring an action specified in this chapter becomes unable to protect his or her interests due to a mental condition or psychiatric disability after the cause of action accrues but before the statute has run, the time during which the person is unable to protect his or her interests due to a mental condition or psychiatric disability shall not be taken as a part of the time limited for the commencement of the action.

Statute of Limitations for Medical Malpractice in Vermont

Current verified answer

Authority and key facts

How the limitation period applies

Use the calculator

Sources