Medical malpractice is negligence by a doctor, counselors, psychologist or psychotherapist against a patient caused by the misdiagnosis of a disease or failure to diagnose a medical condition or injury of some kind. In certain situations where the evidence is overwhelming, the patient can pursue a lawsuit by retaining a Medical Malpractice Lawyer Attorney to take on the case.

In the State of Rhode Island , the law does not put any limits on Medical Malpractice damages, the Medical Malpractice Lawyer can claim for the client.

There is a traditional Collateral Source Rule in Rhode Island that indicates that the defendant is not able to reduce the liability by introducing any evidence pertaining to previous lawsuits filed by the plaintiff in other cases where the plaintiff has received monetary damages or insurance coverage. However, collateral source payments from disability income or workers compensation from the State can be admitted into evidence. The jury can use that amount to reduce any other damages awarded.

An expert witness who testifies in a Rhode Island medical malpractice case must be knowledgeable, experienced, have adequate training and education in the field of medicine or industry.

There may be one or more defendants liable in the medical malpractice lawsuit for the injury that the patient suffered. If that is the case, under the previous traditional rule of joint and several liabilities, each individual defendant would be responsible for the entire monetary amount awarded. However, the traditional joint and several liabilities have been eliminated and are only used in cases that involve misrepresentation. If one of the defendants were unable to pay, then the other defendant would be liable to the patient.

According to the statutes of limitations in the State of Rhode Island , medical malpractice cases must begin within three years to the date that the injury occurred. For injury to minors under eighteen years old, the Rhode Island law, suggest that the statute of limitations begins on a minor's eighteenth birthday.

There are no limitations on the fees that attorneys can charge in a medical malpractice case in the Sate of Rhode Island.

In addition, if the State presumes that statements in the case were written by the expert, and came from a published book, periodical, pamphlet or any other recognized sources, those statements would be admissible in court and used as evidence in the medical malpractice case.