Medical Malpractice in RI: Protecting Your Rights

When we turn to doctors, nurses, and medical professionals, we expect quality care—not life-altering mistakes. But what happens when that trust is broken? In Rhode Island, medical malpractice laws exist to help patients hold negligent healthcare providers accountable and seek justice for the harm they’ve suffered.

This guide will walk you through the legal foundations of medical malpractice in Rhode Island, key deadlines, what to expect in a lawsuit, and how firms likeAudette, Audette & Violette can help you protect your rights.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, surgeon, or hospital—fails to provide care that meets the accepted standard in the medical community, and that failure causes injury to a patient.

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors (e.g., wrong site surgery, retained instruments)
• Medication mistakes
• Birth injuries
• Anesthesia errors
• Failure to monitor or follow up

In legal terms, malpractice is more than just a bad outcome—it requires a breach of the duty of care and proof that the breach caused actual harm.

Rhode Island’s Medical Malpractice Laws: What You Need to Know

1. Statute of Limitations

Rhode Island gives patients three years to file a medical malpractice lawsuit, starting from the date the injury occurred or was discovered. This is outlined in R.I. Gen. Laws § 9-1-14.1.

In some cases—like a surgical object left in the body—the discovery rule may apply, allowing claims to be filed later, once the injury becomes known. However, there’s a strict outer limit of seven years, no matter when the injury was discovered.

2. No Cap on Damages

Unlike many other states, Rhode Island does not impose a cap on damages in medical malpractice cases. This means victims can pursue full compensation for:

• Economic damages: medical bills, future treatment costs, lost income
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life

This policy empowers victims but also means healthcare providers and insurers may fight hard to minimize payouts. This lack of a cap increases the complexity and stakes of malpractice claims in the state.

3. Expert Testimony Is Required

To prove that a healthcare provider failed to meet the standard of care, Rhode Island courts require expert medical testimony. An expert witness—usually a licensed doctor in the same field—must explain what the accepted standard is and how the defendant deviated from it.

In the case of Dockray v. Roger Williams Medical Center (2023), the Rhode Island Supreme Court upheld a decision to dismiss a medical malpractice claim because the plaintiff failed to provide expert evidence showing negligence.

4. Informed Consent and Patient Rights

Under R.I. Gen. Laws §§ 9-19-32 to 9-19-33, Rhode Island law also requires that patients provide informed consent before receiving medical treatment.

This means healthcare providers must:

• Clearly explain the nature of the procedure or treatment
• Discuss potential risks and alternatives
• Ensure the patient understands before proceeding

If a provider performs a procedure without proper consent, they may be liable—even if the procedure itself was performed correctly.

5. Res Ipsa Loquitur

In rare situations where the negligence seems obvious, plaintiffs may invoke the doctrine of res ipsa loquitur—Latin for "the thing speaks for itself."

For example, if a patient wakes up from surgery with a surgical sponge left inside them, a jury may infer negligence even without direct evidence. Rhode Island courts allow this principle in limited cases, as established under relevant case law and statutory precedent.

How Medical Malpractice Cases Are Decided in Rhode Island

Filing a Claim

Your first step is typically to file a Notice of Intent to Sue, though Rhode Island does not currently mandate pre-suit panels like other states. Next, a formal complaint is filed in civil court.

Burden of Proof

To succeed in a malpractice case, you must prove:

1. A provider-patient relationship existed.
2. The provider breached the standard of care.
3. This breach caused your injury.
4. You suffered measurable damages.

This is known as the "four elements of medical negligence."

Role of the Jury

In Rhode Island, juries play a key role in deciding:

• Whether negligence occurred
• Whether causation is proven
• The amount of compensation

Importantly, in the case of Oden v. Schwartz, the Rhode Island Supreme Court affirmed that jurors need not be told about the defendant’s malpractice insurance, protecting both sides from prejudicial bias.

Comparative Negligence in Malpractice Cases

Rhode Island follows a pure comparative negligence system. This means:

If you were partially responsible for your injury, your compensation is reduced in proportion to your share of fault. Even if you’re 90% at fault, you can still recover the remaining 10%.

This standard is crucial in malpractice cases where treatment delays or patient non-compliance may be factors.

Wrongful Death Due to Medical Malpractice

When a medical error leads to a patient’s death, surviving family members may file a wrongful death lawsuit.

In Rhode Island, wrongful death claims related to malpractice can seek damages for:

• Funeral and burial expenses
• Loss of companionship and support
• Medical costs before death

However, punitive damages are not available in wrongful death claims, even in cases of gross negligence.

What Makes a Strong Medical Malpractice Case?

Several key elements improve the strength of your malpractice case:

• Clear evidence of negligence: such as missed diagnoses, surgical mishaps, or lack of informed consent.
• Reliable expert testimony
• Documented damages: like medical bills, job loss, or disability.
• Timely action: filed within the statute of limitations.

Keep in mind: most medical malpractice cases don’t go to trial. Many are settled out of court, especially when the evidence is strong and the damages are significant.

Why Legal Representation Matters

Medical malpractice claims are notoriously complex. Hospitals and insurers have aggressive defense teams and deep resources. To level the playing field, it's critical to work with an experienced law firm that understands:

• Rhode Island’s unique legal landscape
• The role of expert witnesses
• How to build compelling arguments for both liability and damages

Firms likeAudette, Audette & Violette have decades of experience in personal injury and malpractice law. They’ve earned a reputation for fighting for the rights of injured patients and helping families secure the compensation they deserve.

Final Thoughts

When medical care goes wrong, the consequences can be devastating—physically, emotionally, and financially. Rhode Island law offers a clear legal path for patients who have been harmed by negligent healthcare providers. But time limits, evidentiary rules, and legal nuances mean that pursuing a claim requires skilled guidance.

Whether you’ve suffered from a botched surgery, a misdiagnosis, or any other medical error, understanding your rights is the first step toward recovery.

Get the Support You Deserve

If you or a loved one has suffered due to medical malpractice, don’t face the system alone. Contact Audette, Audette & Violette today at (401) 406-6962 to schedule a confidential consultation.

Our experienced legal team is ready to review your case, explain your options, and help you take the next steps toward justice. You don’t have to navigate this journey alone—get the advocacy you need from a trusted Rhode Island firm.