Vermont § 1908 - Burden of proof For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein

§ 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 V.S.A. chapter 23, a
  dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A.
  chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under
  26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. 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.)