A Malpractice or “professional negligence” occurs when a person acts in a negligent manner when taking care of a problem. In this a medical professional fails to take a medically suitable step, resulting in some kind of injury to other person.

It is also called Medical Malpractice. A plaintiff is a person who has suffered any kind of injury whereas defendant is that professional who has done some something wrong due to negligence or carelessness. It is associated to medical wrongdoings.

An injured patient can brings medical malpractice actions against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists. A malpractice is actionable when injury, loss or damage is suffered by the person who retained the professional’s services. These laws differ from country to country.

Medical Malpractice rules prevailing in Rhode Island are as following:

• If a Plaintiff has received compensation from other sources such as plaintiff’s own insurance company or from any other policy then in such case the amount of damage that defendant has to pay reduces by the amount paid by collateral sources. This way a defendant may reduce his liability by introducing an evidence of collateral source.
• The people who have skill, knowledge and training in field of alleged malpractice are only considered as a witness.
• The malpractice action against injury or wrongful death must be brought within 3 years from the date of incident.
• In case of mentally incompetent people, a 3 year limitation period following from the time of removal of the disability is provided.
• In case of minor the statue of limitation begins to run on a minor’s eightieth birthday.
• The law over here adheres to the pure form of comparative negligence.
• There is no limitation on the attorney fees in medical malpractice cases in Rhode Island.
• If more than 1 defendant is found liable for the injury of the plaintiff then each defendant is individually liable to pay the entire amount of the judgment according to the joint and several liability.
• Punitive damages are not recoverable in any action brought by or against the executor.
• The periodic payment in medical malpractice action is not mandatory in Rhode Island.

Malpractice cases can involve doctors, dentists, pharmacists, or lawyers. Each and every year thousands of people are injured or die as a result of medical malpractice. I hope now you are well aware of the malpractice law of Rhode Island.

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