Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide appropriate care, resulting in harm to a patient. If you or a loved one has been a victim of medical malpractice in Rhode Island, it is essential to know the state’s laws regarding the time limit for filing a claim.
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Statute of Limitations
A statute of limitations is a law that sets a specific time limit in which a lawsuit must be filed. In Rhode Island, the statute of limitations for medical malpractice claims is three years from the date of the injury or wrongful act.
However, there is also a statute of repose, which limits the time a patient has to file a claim after the alleged malpractice occurred. In Rhode Island, the statute of repose is three years from the date of the alleged malpractice or two years from the date the patient discovered, or reasonably should have discovered, the malpractice, whichever occurs first.
Discovery Rule
The discovery rule is a legal principle that allows a patient to file a claim within a reasonable time after discovering the injury caused by medical malpractice. In Rhode Island, the discovery rule applies when a patient could not have reasonably discovered the injury caused by medical malpractice at the time of the wrongful act.
If the discovery rule applies, the patient has three years from the date of discovery to file a medical malpractice claim. However, the patient must file the claim within seven years from the date of the alleged malpractice, even if they have not discovered the injury.
Minors
In Rhode Island, if a minor is the victim of medical malpractice, the statute of limitations is extended until the child’s tenth birthday. This means that a medical malpractice claim must be filed within three years of the child’s tenth birthday.
If a minor’s parents or legal guardians are aware of the malpractice and do not file a claim within the statute of limitations, the minor may have the right to file a claim within three years of reaching the age of majority, which is 18 years old in Rhode Island.
Government Entities
If a government entity or employee is responsible for medical malpractice, the time limit for filing a claim is much shorter. In Rhode Island, a patient has 90 days from the date of the alleged malpractice to file a notice of claim with the appropriate government agency. The patient must then wait six months before filing a medical malpractice lawsuit.
Conclusion
The time limit for filing a medical malpractice claim in Rhode Island can vary depending on the circumstances of the case. It is essential to seek the advice of a qualified medical malpractice attorney who can determine the appropriate statute of limitations and ensure that all deadlines are met.
If you or a loved one has been a victim of medical malpractice in Rhode Island, contact a medical malpractice attorney as soon as possible to protect your rights and seek the compensation you deserve.