Rhode Island Medical Malpractice Statute of Limitations

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A health care professional can be convicted of malpractice, if he/she does not properly diagnose the patient, the medically acceptable treatment is not provided, or the treatment is withheld for an unreasonable amount of time.  The definition is the same for every state.  However, how the law handles these suits, and the subsequent awards, can differ drastically.  For example, in the state of Rhode Island, the amount of the award must be reduced, if the plaintiff is already receiving compensation through disability or other sources.

Time Limits for Filing a Claim in Rhode Island

In Rhode Island, the statute of limitations for filing a malpractice claim is straightforward.  In the event of injury or death, the matter must be brought before the court within 3 years of the action or lack of proper treatment.  If the person is under the age of eighteen, he/she has until 3 years of reaching that age to file.

Negligence Laws

Negligence laws differ from state-to-state.  In Rhode Island, expert witnesses are those in the medical profession who are deemed experts in the area related to the alleged malpractice.  For more details regarding Rhode Island law, see below:

Code Section

9-20-4

Comparative Negligence

The fact that the claimant was not in the exercise of due care shall not bar recovery, but damages diminished in proportion to the amount of attributable negligence.

Contributory Negligence-Limit to Plaintiff's Recovery

None applicable

Contribution Among Tortfeasors

Yes; §§10-6-1 to 11

Uniform Act

§§10-6-1 to 11

Award Limits in Rhode Island

Although other states have strict limitations, Rhode Island has no cap on the award a jury can give to the plaintiff.  However, if the individual is already receiving disability or some other type of compensation, other than insurance, the amount of the reward will be reduced by that amount.

Legal Help

If you have been the victim of malpractice, you will need professional help to make sure all the relevant issues are explored.  You will probably have future bills to pay; in addition to the stack, you already have at home.  In addition, if future earnings for daily living has been jeopardized or cut sort due to negligence, you will need money for living expenses.  With legal help, you can get the all the compensation that the law will allow.

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