Rhode Island Medical Malpractice Attorneys

What is Medical Malpractice?

Medical malpractice occurs whenever a health care professional causes an injury to a patient through a negligent act or omission that violates the standard of care. When a doctor, hospital, or other provider makes a mistake that another professional would not have made under similar circumstances, they are violating the standard of care. To have a valid medical malpractice claim, you must also prove that this violation caused your injury and that your injury led to significant losses.

Medical malpractice is not just about small errors; it can have life-altering consequences. Whether it's a misdiagnosis that delayed critical treatment or a surgical mistake that leads to permanent disability, the stakes are incredibly high. Understanding the legal standards and how they apply can be the difference between a successful case and further disappointment.

Medical Malpractice Can Occur in Various Ways

Medical negligence can happen during routine procedures and life-threatening emergencies alike. Our firm has represented clients who have experienced the following and more:

• Pregnancy and birth injuries
• Cardiac/heart complications
• Failure to diagnose cancer
• Stroke mistreatment or misdiagnosis
• Surgical errors
• Anesthesia errors
• Emergency room malpractice
• Medication errors
• Nursing home negligence and abuse
• Negligent medical care of infants and children
• Hospital negligence

Each case type comes with its own unique challenges and requires a tailored approach. For example, surgical errors often involve detailed examination of medical records and expert opinions to determine when the standard of care was breached. 

What Clients Have to Say About Us

At Decof, Mega & Quinn, P.C., we are proud to have earned the trust and gratitude of those we represent. Our clients’ words speak volumes about our commitment, professionalism, and results:

“Thank You to you and the whole firm for the successful conclusion of my case. Your ability to obtain the right doctors as expert witnesses was a most significant part of my case.” – Edmund C.

“I feel very blessed to have had you in my corner and want to thank you for bringing my case to the best possible conclusion. You forever have my professional respect and my sincere personal gratitude.” – Linda S.

“You were my voice throughout the whole trial. You spoke for me, you advocated for me, and you showed sincerity and a huge level of pure humanity towards me at the end of each day. Thank you for believing in me.” – Erica C.

Read more of our client testimonials.

What Kinds of Damages Can I Recover From a Medical Malpractice Lawsuit?

When you file a medical malpractice claim, you may be eligible to receive general, special, and/or punitive damages.

• General damages are designed to compensate you for any suffering you endured as a result of medical malpractice. These damages include physical and mental anguish, loss of enjoyment of life, and loss of future earning potential.
• Special damages seek to cover expenses you accrued because of medical malpractice. If you were severely injured, you likely had subsequent treatments and missed a fair amount of work. Special damages aim to reimburse you for these costs and medical bills and make sure you have the funds to cover any future medical expenses and/or rehabilitative care.
• Punitive damages are rare in medical malpractice cases, but they exist to punish any medical professional who was behaving knowingly or intentionally. Not only do these damages provide you with additional compensation, but they also make an example of whoever harmed you to discourage similar behavior in the future.

Importantly, Rhode Island does not impose caps on damages. Unlike many other states, there are no limits on the amount you can recover for economic losses or non-economic harms like pain and suffering. This gives patients and families a critical advantage in pursuing full compensation for the harm they’ve endured.

Who Do I Sue in A Medical Malpractice Case?

Determining who to sue in a medical malpractice case depends on the specific facts of the incident, including where and how the alleged negligence occurred. Liability may fall on one provider—or multiple parties—depending on their roles in your care and the relationships between them.

In Rhode Island, many health care professionals are independent contractors rather than employees of the hospitals where they work. This means that even if the injury occurred in a hospital, the hospital may not automatically be liable. However, exceptions exist—especially in cases involving emergency departments, inadequate supervision, or negligent credentialing.

Potential defendants in a Rhode Island medical malpractice case may include:

• Physicians, including surgeons, anesthesiologists, radiologists, or specialists
• Nurses or nurse practitioners
• Physician assistants
• Hospitals and surgical centers
• Emergency departments
• Urgent care centers
• Pharmacists or pharmacy chains
• Medical technicians, such as imaging or lab personnel
• Medical groups, clinics, or healthcare corporations employing the negligent provider
• Nursing homes or long-term care facilities
• Supervising or attending physicians, in cases involving resident or student errors

In some cases, multiple parties may share liability—for example, both a doctor and the facility may be responsible if systemic failures contributed to the harm.

Our Rhode Island medical malpractice attorneys have decades of experience evaluating complex medical records, provider relationships, and institutional policies to identify all potentially liable parties. After a thorough review of your case, we can determine who may be held legally accountable and pursue the full scope of compensation you’re entitled to under Rhode Island law.

Understanding Your Rights as a Patient in Rhode Island

Rhode Island patients are entitled to safe, ethical, and competent care. That includes the right to be treated with respect, to be fully informed about risks and alternatives, to accept or refuse treatment, and to review their own medical records. When healthcare providers fail to uphold those rights and cause harm, malpractice may have occurred.

Medical malpractice is not the same as a bad outcome. Not all adverse results involve negligence. However, patients may have a valid claim if they were misdiagnosed, received the wrong medication or procedure, experienced a surgical error, were discharged too early, or did not receive necessary monitoring or follow-up.

If you suspect medical malpractice, take the following steps:

• Request and preserve all medical records related to the treatment.
• Document your recollection of events while the details are fresh.
• Contact an experienced Rhode Island medical malpractice attorney as soon as possible to evaluate your legal options and protect your right to file a claim.

At Decof, Mega & Quinn, P.C., we’re here to help patients understand when a provider’s error may give rise to legal action—and what steps they can take to pursue accountability.

Comparative Negligence in Rhode Island Medical Malpractice Cases

Rhode Island applies a pure comparative negligence standard to medical malpractice claims. This means that even if a patient is partially at fault for their injury, such as by failing to follow medical advice, they can still recover compensation. However, their damages will be reduced in proportion to their share of fault.

Example:

• If a jury finds that a patient is 25% responsible for worsening symptoms due to delayed follow-up, and the provider is 75% responsible for misdiagnosing the condition, a $1 million verdict would be reduced to $750,000.

This system allows injured patients to pursue recovery even in cases involving shared fault. That said, medical defendants often try to shift blame onto the patient. At Decof, Mega & Quinn, P.C., we know how to challenge those tactics and fight for your full and fair compensation.

Informed Consent: Your Rights as a Patient in Rhode Island

In Rhode Island, patients have the legal right to make informed decisions about their medical care. Before performing a procedure or prescribing treatment, a provider must disclose the nature of the treatment, the risks involved, the potential benefits, and any reasonable alternatives. Failing to provide this information may constitute a lack of informed consent—particularly when a patient suffers harm they weren’t adequately warned about.

Rhode Island courts evaluate these claims using a five-part test:

• A medical procedure or treatment was performed;
• The provider had a duty to disclose material risks;
• The provider failed to disclose those risks;
• A reasonable person in the patient’s position would have declined the procedure if properly informed; and
• The lack of disclosure caused the injury.

Importantly, the standard focuses on how a reasonable patient would have acted, and not whether the provider thought disclosure was adequate.

Under Rhode Island law, patients age 16 and older can provide independent consent for routine and emergency care. This is particularly relevant in cases involving teenage patients harmed by procedures performed without full explanation or understanding.

Expert Witness Requirements in Rhode Island Cases

Expert medical testimony is essential to proving a medical malpractice case in Rhode Island. A qualified expert – typically a physician in the same or similar specialty as the defendant – must be able to identify the accepted standard of care and explain how the provider’s conduct deviated from that standard.

Rhode Island does not require a certificate of merit or pre-filing affidavit, which is a significant advantage for injured patients. Many other states impose pre-suit procedural hurdles that delay the start of a claim or add unnecessary burdens on plaintiffs. In Rhode Island, no such preliminary filings are necessary.

That said, early expert review remains critical. Our firm consults with respected medical experts from the outset of each case to evaluate the records, confirm that malpractice occurred, and ensure the case is built on a strong, credible foundation. Without expert support, most cases cannot proceed, making it one of the most important early steps in any claim.

Medical Malpractice Claim Process in Rhode Island

The litigation process for medical malpractice claims in Rhode Island involves multiple phases, each of which is vital to a successful resolution. Once a case is accepted, our team begins by gathering medical records and supporting documentation, conducting a detailed investigation, and consulting with qualified medical experts to assess whether the standard of care was breached.

From there, we file a formal complaint in state court outlining the claims of negligence and the injuries suffered. The discovery phase follows, during which both sides exchange evidence, conduct depositions, and prepare for trial. Many cases resolve through settlement, but if the defense refuses to offer fair compensation, we proceed to trial and present the case to a jury.

Medical malpractice cases can take months to years to resolve, depending on the complexity of the case, the number of parties involved, and court availability. Some settle earlier; others may take longer if appeals are filed or if discovery is particularly contested.

To prepare a case, the following documentation is generally required:

• Complete medical records
• Bills and treatment expenses
• Insurance documentation
• Employment and wage records (if loss of income is claimed)
• Prior health history (where relevant)

We handle all records collection and case development, allowing our clients to focus on recovery while we build and advance the legal case on their behalf.

How to Find a Medical Malpractice Attorney in Rhode Island

If you or a loved one has been injured due to medical negligence, it is critical that you find the right medical malpractice attorney. Medical malpractice cases require extensive skill, experience, and dedication to hold healthcare providers accountable for their negligent care. A good medical malpractice attorney can make all the difference in obtaining the compensation you are entitled to after an injury caused by someone else's negligence.

Here are a few tips to help you determine if the medical malpractice lawyer you are interviewing is right for you:

• Research the attorney's experience: Experienced medical malpractice lawyers have a better understanding of the complexities that come with such cases and will know how to navigate them for maximum success.
• Check their record of success: A successful background in this area can indicate not only an experienced lawyer, but a passionate one who is committed to getting results for clients.
• Look into their practice areas: Many attorneys focus on certain types of medical negligence, so make sure your attorney has the right experience in your specific case type before making a decision on representation.
• Ask about costs and fees: Be sure that you understand all associated costs upfront before signing any papers with an attorney so there are no surprises down the road if they win or lose your case.
• Inquire about available resources: Find out what kind of support staff, investigators, and other professionals will be working on your case to ensure you get the highest level of service possible from start to finish.
• Consider their communication style: Discussing legal matters can often be intimidating or frustrating; make sure you are comfortable communicating openly with your prospective lawyer throughout every step of the process.
• Seek referrals and reviews from past clients: To get an unbiased opinion of a medical malpractice lawyer's performance, ask them for references or read online reviews from past clients who have used the same attorney.

Our RI attorneys at Decof, Mega & Quinn, P.C. have a long track record of success in obtaining multimillion-dollar verdicts and settlements against doctors, nurses, surgeons, anesthesiologists and other healthcare professionals who have committed medical malpractice. With over 200 years of combined legal experience and over $1 billion recovered for victims of negligence nationwide, our firm will fight tirelessly for your rights as a patient and ensure that justice is served.

Frequently Asked Questions About Medical Malpractice

How Do I Prove Medical Malpractice ?

To succeed in a medical malpractice claim in Rhode Island, the plaintiff must prove four essential elements:

1. Duty of Care: The healthcare provider owed a duty of care to the patient.
2. Breach of Duty: The provider failed to adhere to the accepted standard of care.
3. Causation: The provider’s breach directly caused injury or harm to the patient.
4. Damages: The patient suffered measurable damages, such as medical expenses, pain and suffering, lost income, or disability.

Expert testimony is often required to establish the appropriate standard of care and demonstrate how the provider’s negligence caused the patient’s harm.

What is the Statute of Limitations for Filing a Medical Malpractice Lawsuit in Rhode Island?

In Rhode Island, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date the injury occurred or when the patient reasonably should have discovered the injury. However, exceptions may apply, such as cases involving minors or situations where the injury was not immediately apparent. If a claim is not filed within this period, the plaintiff may lose the right to pursue compensation.

Yes, Rhode Island law provides some exceptions to the three-year statute of limitations for medical malpractice claims. For instance:

• Discovery Rule: If the injury was not immediately apparent, the statute may be extended to three years from the date the patient discovered or should have discovered the harm.
• Minors: For minors, the statute of limitations may be extended, allowing them to file a claim within three years after turning 18.
• Fraud or Concealment: If the healthcare provider concealed the malpractice or engaged in fraud, the statute of limitations may be tolled until the fraud is discovered.

Is There a Cap on Damages in Medical Malpractice Cases in Rhode Island?

Rhode Island does not have a statutory cap on economic or non-economic damages in medical malpractice cases. This means that plaintiffs may recover full compensation for both their financial losses and pain and suffering without a legal limit. However, punitive damages, which are intended to punish egregious misconduct, may be subject to judicial scrutiny.

How Long Does a Medical Malpractice Case Take?

The duration of a medical malpractice case in Rhode Island can vary significantly depending on the complexity of the case, the amount of evidence, and whether the case settles or proceeds to trial. On average, medical malpractice claims may take anywhere from 12 months to several years to resolve. Cases that settle may be resolved more quickly, while those that go to trial can take much longer due to the extensive discovery process and court scheduling.

Call For a Free Consultation: (401) 200-4059 

Medical malpractice cases are complex, and the burden of proof rests entirely on the injured patient. These claims require detailed medical knowledge, strong expert support, and the ability to take on well-funded insurance companies. At Decof, Mega & Quinn, P.C., we have the experience, skill, and resources to meet that challenge and fight for the results you deserve.

Call Our RI medical malpractice attorneys at (401) 200-4059  to discuss your case and your legal rights during a free consultation.