Don’t Wait to File Your Claim
According to the Rhode Island General Laws section, 9-1-14.1 a victim of medical malpractice has three years to file a medical malpractice claim before the statute of limitations runs out. The statute of limitations is a law that dictates how long an injured party has to file a claim and pursue compensation before they lose their legal right to do so.
There are some exceptions to this three-year rule, a notable one being if an injury was not discovered to be due to malpractice initially. In these cases, the three-year time period begins when the injury victim either discovers the malpractice or should have reasonably discovered it. In either case, it is important to contact a medical malpractice lawyer near you. Remember, the statute of limitations is shorter than it seems, so you want to work with a Rhode Island medical malpractice attorney as soon as possible to meet your filing deadlines. To learn more about how the statute of limitations may affect your case, call our firm for a free consultation today. Our team is standing by to help you.
Recoverable Damages in a Medical Malpractice Case
Just like in other personal injury claims, there are three categories of damages a claimant can pursue in a medical malpractice claim. These categories are economic damages, non-economic damages, and punitive damages.
Economic damages compensate for financial losses associated with an injury including past and future medical expenses or missed wages due to not being able to work while non-economic damages compensate for more abstract losses such as pain and suffering or mental anguish.
Last, punitive damages are different from other damages in that they serve as a financial punishment for the negligent party as opposed to compensating the injured party for a specific loss. Unlike some states, Rhode Island does not have a “cap” or limit on how much a victim of medical malpractice can recover. Medical malpractice lawyers can help you understand what damages you can recover compensation for, so do not hesitate to reach out immediately to get your case started.
What Is Informed Consent?
According to Rhode Island General Laws 9-19-32, informed consent is the "reasonable disclosure of all known material risks" to the patient for a given procedure. If informed consent was not properly, or completely explained to a patient, a medical professional may be held liable for the resulting injuries.
Res iIsa Loquitur Argument
It is still possible for a medical professional to be held liable even if informed consent was obtained if it is proven that the practitioner made a mistake. The is called a res ipsa loquitur argument.