Vaillancourt v. Medical Center Hospital of Vermont, Inc.

This is an interlocutory appeal, with three certified questions, resulting from denial by the trial court of motions filed by the defendants to dismiss the complaint for failure to state a cause of action. V.R.C.P. 12(b) (6). The facts alleged in the complaint, which must be assumed for the purposes of this appeal, may be summarized as follows. The defendant Medical Center Hospital of Vermont, Inc. (Hospital), conducts a general hospital in Burlington. The defendant John D. Lewis is a doctor of medicine, specializing in obstetrics. Plaintiffs are husband and wife, who had engaged the services…