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The following standards govern medical malpractice suits in Rhode Island:
Statute of Limitations
Suits may be brought up to 3 years after the date of the original injury or death. This 3-year period can also date from when the plaintiff first discovered, or should have known of, their injury. This also applies to suits brought by others on behalf of minors or those who are deemed incompetent to sue on their own behalf.
Limits on Damages
Damage awards in this state are currently unlimited, meaning there is no set damage caps and damaged awarded both compensatory and punitive remain at the discretion of the courts. Rhode Island follows the collateral source rule which requires that juries reduce damages by the difference between the total amount of insurance or other benefits the plaintiff received as a result of the injury, and the amount paid to secure those benefits by the plaintiff.
Joint Defendant Liability
There is no separation between proportionate and separate liability meaning that more than one defendant can be named in a claim.
Expert Witnesses
To be accepted, expert witnesses must prove they have sufficient experience and education to be considered an expert in the field of the alleged malpractice. Published statements by someone who is recognized as an expert are admissible as long as the court finds them relevant.
Attorney’s Fees
Attorney fees are not limited; however, those attorneys who work on a contingency fee basis typically draw up an agreement between themselves and their clients dictating what percentage of the damages they are entitled to pending the winning of respective claims.