Rhode Island Medical Malpractice Law - An Overview
By Aaron Larson
Law Offices of Aaron Larson
July, 2004
Important Notice: The following overview of Rhode Island's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Rhode Island's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Rhode Island.
Contents
- What Is Medical Malpractice
- Limits on Malpractice Damages
- Collateral Source Rule
- Rules for Expert Witnesses
- Joint and Several Liability
- Statute of Limitations
- Limits on Attorney Fees
- Additional Rules
- Why Use A Malpractice Lawyer
What Is Medical Malpractice
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
- Misdiagnosis of, or failure to diagnose , a disease or medical condition;
- Failure to provide appropriate treatment for a medical condition;
- Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Rhode Island does not limit damages awards in medical malpractice cases.
Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. For medical malpractice cases in Rhode Island, evidence collateral source payments from state income disability or workers’ compensation, any health, sickness or income disability policy, or other contracts for remibursement is admissible. If such evidence is introduced, a jury must reduce the award of damages by the amounts paid by collateral sources.
Rules for Expert Witnesses
Only those persons who by knowledge, skill, experience, training, or education qualify as experts in the field of the alleged malpractice are permitted to testify as to the alleged malpractice.
Joint and Several Liability
Under the rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.
Statute of Limitations
Medical malpractice actions must be commenced within three years of the date that the act or omission giving rise to the injury occurred. Under Rhode Island law, for injured minors the statute of limitations begins to run on a minor's eighteenth birthday.
Limits on Attorney Fees
Rhode Island does not impose special limits on attorney fees in medical malpractice cases.
Additional Rules
If a court determines the statements to be relevant and that the writer of the statements is recognized as an expert on the subject, statements of facts or opinions contained in a published treatise, periodical, book, or pamphlet, are admissible in malpractice litigation as evidence tending to prove the facts or as opinion evidence.
Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.
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