§ 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 26 Vt. Stat. Ann. chapter 23, a dentist licensed under 26 Vt. Stat. Ann. chapter 13, a podiatrist licensed under 26 Vt. Stat. Ann. chapter 7, a chiropractor licensed under 26 Vt. Stat. Ann. chapter 9, a nurse licensed under 26 Vt. Stat. Ann. chapter 27, or an osteopathic physician licensed under 26 Vt. Stat. Ann. chapter 33, 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. (Added 1975, No. 250 (Adj. Sess.), § 2, eff. April 7, 1976.)