H.427, introduced by Representative Galfetti, seeks to reform medical malpractice actions in Vermont by implementing limits on recoverable damages and establishing pretrial screening panels for medical malpractice claims. The bill introduces new legal language under 12 V.S.A. § 1914, which sets caps on damages for pain and suffering at $250,000 for claims against individuals and $500,000 for claims against entities, with additional provisions for wrongful death and punitive damages. Additionally, a new chapter, 12 V.S.A. chapter 223, is created to outline the formation and procedures for these pretrial screening panels, which aim to expedite the resolution of medical injury claims and reduce 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 will work to identify meritorious claims early while encouraging settlements before trial. The bill mandates that panel members attend all hearings for a specific claim unless agreed otherwise, and it requires the maintenance of a confidential electronically recorded record of proceedings. The Chair will mediate disputes and document findings regarding negligence and causation within 30 days. The bill also establishes the confidentiality of panel proceedings, outlines the admissibility of findings in court, and mandates annual reports on the status and outcomes of medical injury claims. The act is set to take effect on July 1, 2025.