These laws have been chartered, to save the rights of both the doctors as well as the patients. As it is, malpractices do take place and it is due to this reason that these rules have been formed, to effectively sole the disputes arising there from. Although some people feel that these rules are heavily tilted towards the side of the patient, but the  fact remains that the rules aims towards the just treatment of both the sides. However, there is no such a thing as a universal code across America in this regard and every state has its own set of rules to deal with such situations.

Unmindful of whether you are a patient undergoing treatment, or a doctor offering his/her services, one must always be aware of these rules and regulations, in order to make sure that you do not end up on the losing side.

So, in case you are a resident of Rhode Island, then in that case, the following points should be known to you:

As per the rules of the state, the actions or acts of negligence resulting in damage, injury, or wrongful death, should be reported within three years from the date of the incident, the date of death, or the date on which the act was discovered to be of wrongful nature. Similarly, in terms of minors and mentally challenged people, the rules of the state provides for a three-year limitation period after the disability has been taken care of.  The state adheres to the doctrine of pure form of comparative negligence. Under this the petitioner does not lose his right to recovery from the accused, in case of discovery of negligence on his/her own part. However, the petitioner definitely has his/her amount of recovery reduced in proportion to the negligence incurred by him/her.

The rules of the state have mentioned that the accused in such cases shall be jointly and severally liable. It also offers them the right to contribution in such cases. In case, there is a disproportion of fault, then the degrees of fault of the accused should be taken into account, in order to calculate their shares of contribution.

As per the rules of the state, punitive damages can not be recovered in any case by or against the administrator of any estate. However, in case of wrongful death, a minimum amount of $100,000 has been fixed.

The above can be quite handy, if God forbid you get caught up in such a situation. It is therefore important that you acquaint yourself with the rules of the state in this regard.

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