Vermont Medical Malpractice

Winburn Law Offices is one of the few law offices in the state of Vermont that handles medical negligence cases.  Medical malpractice cases are very involved and sometimes difficult to win because of the prevailing atmosphere in favor of doctors and against claimants.  Frequently, juries believe that doctors will lose their license to practice medicine and their careers will be ruined if the plaintiff wins, which is not the case. Medical malpractice cases are almost always about insurance.  We have been handling medical malpractice cases for many years.

The lawyers at Winburn Law Offices have handled thousands of personal injury cases over the last three decades.  Although most cases settle and are not reported in the media, see the following excerpts from local newspapers about a few of our cases over the years:




Clover Whitham

Staff Writer

“BENNINGTON — A Hoosick Falls, N.Y. couple suing Southwestern Vermont Medical Center because their son was allegedly harmed at birth claims that a key nurse was under the influence of a narcotic.”

“Patrick Winburn, the lawyer for the [Clients], recently filed a motion seeking the medical records of nurse Sequanna Skye after it was revealed in a deposition that she may have taken Percocet the day of [the baby’s] birth. Skye was the nurse in charge of fetal monitoring.”

Winburn also alleges that the hospital did not live up to an advertising campaign promising world class care.”

August 23, 2005 – Bennington Banner




“BENNINGTON (AP) — Southwestern Vermont Medical Center has settled a lawsuit charging that it lost records involving a severely brain-damaged baby.”

“They alleged that Biggers failed to properly monitor the heartbeat of their son when he was delivered at Southwestern Vermont. Biggers did not respond to signs of fetal distress, causing profound damage to the child, according to the lawsuit.”

“‘The case has been resolved to the mutual satisfaction of the parties,’ David Cleary, the hospital’s attorney, said in a brief telephone interview from Rutland.

Cleary and the [Clients’] attorney, Patrick Winburn of Manchester, declined to comment on the specifics of the settlement.”

September 29, 2004 – Bennington Banner



by Eric Arvidson

“BENNINGTON — The family of a local woman who died recently of throat cancer is suing Community Health Plan for medical malpractice, alleging her illness went undetected by her doctors over repeated visits that spanned 14 months.”

“In May, the lawyer for the [client], Patrick Winburn, filed the complaint against CHP seeking damages for [client’s] suffering from her disease, claiming malpractice. Following [client’s] death, Winburn has amended the complaint to a wrongful death suit, setting up an estate for [client], arguing that her family members are entitled to damages due to their loss.”

July 30, 1998 – Bennington Banner



by Jo-Anne MacKenzie

“WOODSTOCK — A Windsor Superior Court jury Thursday awarded a Belmont man $300,000 in damages — twice the amount sought — from Springfield Hospital and Dr. G. Andrew Walker.”

“‘This really shows what the health care crisis is like,’ Winburn said. ‘People who have health insurance get one kind of health care and people who don’t have it get another.’”

June 27, 1996 – Rutland Herald


While most cases do not guarantee verdicts or settlements of this size, our record of success in court serves all of our clients in two ways. First, it helps compensate them for the injury and losses they suffered because of someone else’s irresponsibility. Second, it contributes to our ability to reach fair settlements for our clients. Opposing lawyers and insurance companies know our track record of success in court which helps assist them in their determination of a fair settlement value of our clients’ cases.

Mr. Winburn has also been an invited speaker at the Vermont Trial Lawyers Association, the Vermont Bar Association and Vermont Association of Justice meetings including:

  • The Use of Expert Witnesses – December 2, 2016
  • Extraordinary Cross-Examination – November 19, 2010
  • A review of Vermont Verdicts – April 3, 2009
  • Bench and Bar Panel – May 30, 2008
  • Trial Advocacy In Vermont – Winning Techniques and Insights – May 10, 2007
  • A Review Of Vermont Verdicts and Settlements in 2004 – March 25, 2005
  • Persuading The Gatekeeper – Daubert And It’s Progeny – January 15, 2005
  • How To Grab The Jury With Your Opening Statement – March 19, 2004
  • Anatomy of a Jury Trial – February 7, 2003
  • Nuts and Bolts of Trial Practice – February 9, 2001
  • Opening Statement – May 11, 2001
  • Insurance Abuses – July 13, 2001
  • Trial Practice – December 7, 2001
  • Gender and Case Outcome – September 8, 2000
  • Understanding Basics – Medical Malpractice – May 12, 2000
  • Vermont Auto Insurance Law and Accident Litigation – August 26, 1999
  • Handling Medical Malpractice Cases – April 9, 1999
  • Communication – Mock Jury – June 14, 1998
  • Closing Arguments – October 9, 1998
  • Discovery: Was Trial By Ambush Better? – September 19, 1997
  • Damages: Loss of Enjoyment – May 31, 1996
  • Compulsory Physical Examinations – 1993

Contact us at (802)447-0100, (802)362-5100, toll free at (800)640-5100 or at for a free consultation.  We only handle personal injury cases in Vermont and charge a fee only if we are successful.