Rhode Island Medical Malpractice Laws

For injuries that could not reasonably have been discovered at the time of the incident, the 3-year period runs from when the malpractice should, in the exercise of reasonable diligence, have been discovered.

A minor on whose behalf no action is brought within 3 years may bring the action at any time up to age 21.

Rhode Island does not cap compensatory damages in medical malpractice cases.

Rhode Island does not cap non-economic (pain and suffering) damages in medical malpractice cases.

Punitive damages may be awarded in cases involving willful, wanton, or malicious conduct. There is no statutory cap.

Unlike many states, Rhode Island does not require a certificate of merit, affidavit of expert review, or pre-suit screening panel before filing a medical malpractice lawsuit.

A healthcare provider's failure to obtain informed consent before treatment may form the basis of a malpractice claim. The patient must prove the provider failed to disclose material risks of the proposed treatment.