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Affidavits / Certificates of Merit - Top
No provision
Alternative Dispute Resolution (Arbitration) - Top
10-3-1. Short title. This chapter may be referred to as "The Arbitration Act". Arbitration Act requires request for arbitration be in writing. Voluntary.
Collateral Source Rule - Top
9-19-34.1. Collateral source rule in medical malpractice actions. In the event the defendant so elects, in a legal action based upon a cause of action arising after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services under chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to any state income disability or workers' compensation act, any health, sickness or income disability insurance, accident insurance that provides health benefits or income disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits concerning which the defendant has introduced evidence. When such evidence is introduced, the jury shall be instructed to reduce the award for damages by a sum equal to the difference between the total benefits received and the total amount paid to secure the benefits by the plaintiff or the court may ascertain the sum by special interrogatory and reduce the award for damages after verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to reimburse the payor.
Compensation / Stabilization Fund - Top
Rhode Island does not have a patient compensation fund, and it does not require its licensed physicians to carry professional liability insurance.
Contribution - Top
10-6-3. Right of contribution declared. The right of contribution exists among joint tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors, the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata shares.
Contributory or Comparative Negligence - Top
10-6-3. Right of contribution declared. The right of contribution exists among joint tortfeasors; provided however, that when there is a disproportion of fault among joint tortfeasors, the relative degree of fault of the joint tortfeasors shall be considered in determining their pro rata shares.
Damage Caps - Top
Punitive damages are not recoverable in any action brought by or against the executor or administrator of an estate. R.I. Gen. Laws § 9-1-8 (1997). There is a $100,000 minimum recovery in any wrongful death action. R.I. Gen. Laws § 10-7-2 (1997).
Doctor Apologies - Top
No provision
Expert Witness Standards - Top
9-19-41. Expert witnesses in malpractice cases. In any legal action based upon a cause of action arising on or after January 1, 1987, for personal injury or wrongful death filed against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services, dentists, or dental hygienist based on professional negligence, only those persons who by knowledge, skill, experience, training, or education qualify as experts in the field of the alleged malpractice shall be permitted to give expert testimony as to the alleged malpractice.
Immunities - Top
Rhode Island has generally waived its sovereign immunity and that of its political subdivisions. R.I. Gen. Laws § 9-31-1 (1997). The liability of the state and its cities and towns shall not exceed $100,000. R.I. Gen. Laws §§ 9-31-2 and 9-31-3 (1997). The limitation of liability does not apply to occurrences during which the state or political subdivision was engaged in a proprietary or business function. Id. Further, the general assembly may, by special act, authorize actions against cities and towns for damages in excess of $100,000. R.I. Gen. Laws § 9-31-4 (1997). R.I. Gen. Laws § 9-1-25 (1997) provides a three-year period of limitations for any action brought against the state or its political subdivisions.
Joint and Several Liability - Top
10-6-2. "Joint tortfeasors" defined. For the purposes of this chapter, the term "joint tortfeasors" means two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them; provided, however, that a master and servant or principal and agent shall be considered a single tortfeasor.
Medical / Peer Review Panels - Top
5-37-1.3. Board of medical licensure and discipline -- Powers and duties. The board has the following duties and powers: (1) To adopt, amend, and rescind rules and regulations, with the approval of the director, necessary to carry out the provisions of this chapter; (2) To investigate all complaints and charges of unprofessional conduct against any licensed physician or limited registrant and hold hearings to determine whether those charges are substantiated or unsubstantiated; (3) To direct the director of the department of health to license qualified applicants; (4) To appoint one or more members of the board to act for the members of the board in investigating the conduct or competence of any licensed physician or limited registrant; (5) To direct the director to revoke or suspend licenses or registrations, or implement other disciplinary action against persons licensed or registered under this chapter; (6) To issue subpoenas and administer oaths in connection with any investigations, hearing, or disciplinary proceedings held under the authority of this chapter; (7) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding; (8) To summon and examine witnesses during any investigation, hearing, or proceeding conducted by the board; (9) To adopt and publish, with the approval of the director, rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42. (10)(i) To require a licensee to undergo a physical or psychiatric examination by a physician acceptable to the board, from a list provided to the licensee by the board, if probable cause exists to believe that allegations of misconduct against a licensee are caused by an impairment which has directly affected the ability of the licensee to conduct his or her practice professionally. (ii) The investigating committee and the board may not discriminate on the basis of disability in the administration of the licensing program, nor subject qualified individuals with disabilities to any discrimination on the basis of disability in its complaint procedure. All decisions of the investigating committee and the board shall be based on the allegation of unprofessional conduct and not due to probable cause of the conduct being related to the disability of the licensee. (11) To advise the licensee of the availability of the physicians health committee of the Rhode Island Medical Society, and in appropriate instances, to refer licensees to that committee for evaluation by appropriate medical professionals.
Periodic Payments - Top
9-21-13. Periodic payment of tort judgments. In any legal action based upon a cause of action arising for personal injury, property damage, or wrongful death in which damages, if liability is proved, are likely to be in excess of one hundred fifty thousand dollars ($150,000), the parties shall consider the use of periodic payments as means of settlement.
Pre-Judgment Interest - Top
9-21-10. Interest in civil actions. (a) In any civil action in which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date the cause of action accrued, which shall be included in the judgment entered therein. Post-judgment interest shall be calculated at the rate of twelve percent (12%) per annum and accrue on both the principal amount of the judgment and the prejudgment interest entered therein. This section shall not apply until entry of judgment or to any contractual obligation where interest is already provided. (b) Subsection (a) shall not apply in any action filed on or after January 1, 1987, for personal injury or wrongful death filed against a licensed physician, hospital, clinic, health maintenance organization, professional service corporation providing health care services, dentist, or dental hygienist based on professional negligence. In all such medical malpractice actions in which a verdict is rendered or a decision made for pecuniary damages, there shall be added by the clerk of the court to the amount of damages interest at the rate of twelve percent (12%) per annum thereon from the date of written notice of the claim by the claimant or his or her representative to the malpractice liability insurer, or to the medical or dental health care provider or the filing of the civil action, whichever first occurs.
Statutory Cap on Attorneys' Fees - Top
Rhode Island does not place a limit on fees an attorney may recover in a medical malpractice action.
Vicarious Liability - Top
In order to sustain a medical malpractice action against a hospital based on apparent agency, a plaintiff must prove (a) that the hospital acted in a manner that would lead a reasonable person to conclude that the treating physician was an employee or agent, (b) that the patient actually believed the physician was an employee or agent, and (c) that the patient relied to his detriment on the physician's care and skill. Rodrigues v. Miriam Hospital, 623 A.2d 456 (R.I. 1993).
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