The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
GENERALLY
(Cite as: 12 V.S.A. § 1912)
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§ 1912. Expression of regret or apology by health care provider inadmissible
(a) An oral expression of regret or apology, including any oral good faith explanation
of how a medical error occurred, made by or on behalf of a health care provider or
health care facility, that is provided within 30 days of when the provider or facility
knew or should have known of the consequences of the error, does not constitute a
legal admission of liability for any purpose and shall be inadmissible in any civil
or administrative proceeding against the health care provider or health care facility,
including any arbitration or mediation proceeding.
(b) In any civil or administrative proceeding against a health care provider or health
care facility, including any arbitration or mediation proceeding, the health care
provider, health care facility, or any other person who makes an oral expression of
regret or apology, including any oral good faith explanation of how a medical error
occurred, on behalf of the provider or facility, that is provided within 30 days of
when the provider or facility knew or should have known of the consequences of the
potential adverse outcome, may not be examined by deposition or otherwise with respect
to the expression of regret, apology, or explanation.
(c) As used in this section:
(1) “Health care facility” shall have the same meaning as in 18 V.S.A. § 9402(6).
(2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402(7).
(d) The liability protections afforded by subsections (a) and (b) of this section shall
not be construed to limit access to information that is otherwise discoverable.
(e) This section shall apply only to medical errors that occur on or after July 1, 2006. (Added 2005, No. 142 (Adj. Sess.), § 1.)