Rhode Island

Statute of Limitations

Medical Claim Generally:

A medical malpractice claim “shall be commenced within three (3) years from the time of the occurrence of the incident that gave rise to the action” and case law recognizes the discovery rule. [Rhode Island General Laws § 9-1-14.1; Wilkinson v. Harrington (1968)]

Minors:

“One who is under disability by reason of age and on whose behalf no action is brought within the period of three (3) years from the time of the occurrence of the incident shall bring the action at any time up to twenty-one (21) years of age.” [Rhode Island General Laws § 9-1-14.1]

Wrongful death:

A wrongful death action “shall be commenced within three (3) years after the death of the person.” [RI Gen. Laws § 10-7-2]

Damage Caps

Currently, Rhode Island does not have any caps on damages in medical malpractice cases.

Attorney Fee   Caps

Rhode Island currently has no attorney fee caps other than the general requirement of reasonableness [Rule 1.5 of the Rhode Island Disciplinary Rules of Professional Conduct]

Pre-suit Requirements

The medical malpractice notice statute requires that plaintiffs provide notice of a potential claim against a healthcare provider at least 182 days before filing a lawsuit, unless the statute of limitations is less than six months away.

Expert

Qualifications

Rhode Island requires the general rules for experts that the testimony must be relevant and reliable [RI GL § 9-19-41; Rhode Island Rule of Evidence 702]

Negligent

Credentialing Claims

The Supreme Court of Rhode Island recognized negligent credentialing as a cause of action (although Plaintiffs did not succeed in this claim) [Dockray v. Roger Williams Medical Center (2023)]