Bill H.427, introduced by Representative Galfetti, seeks to reform medical malpractice actions in Vermont by establishing limits on recoverable damages and creating pretrial screening panels for medical malpractice claims. The bill introduces new legal language under 12 V.S.A. § 1914, which sets specific caps on damages for pain and suffering, wrongful death, and punitive damages. For example, damages for pain and suffering are capped at $250,000 per claimant if the defendant is a natural person, and up to $500,000 if the defendant is an entity. Additionally, a new chapter, 12 V.S.A. chapter 223, is proposed to outline the formation and procedures for pretrial screening panels aimed at expediting the resolution of medical injury claims and reducing litigation costs.

The screening panels will consist of a chair selected from a list maintained by the Supreme Court, along with health care practitioners and attorneys, and are designed to identify meritorious claims early and encourage settlements before trial. The bill emphasizes confidentiality in panel proceedings, with findings generally inadmissible in court, except under certain conditions. It also mandates that the court inform juries about the panel process when findings are admitted as evidence. Key provisions include the requirement for the same panel members to attend continued hearings unless agreed otherwise, and the establishment of a confidential, electronically recorded record of the hearings. The act is set to take effect on July 1, 2025, and includes provisions for annual reports on medical injury claims and the panel process to be submitted to relevant legislative committees and the Commissioner of the Department of Financial Regulation.