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★ Rhode Island · medical negligence

Medical negligence settlements
in Rhode Island.

By 9 min read

Rhode Island gives three years to sue for malpractice. A man whose neck pain was blamed on degenerative disc disease until a Miami MRI found a plasmacytoma learned of the tumor on June 2, 2005, and filed on June 9, 2008; the claim was barred. A mother injured in an emergency C-section lost after a three and a half week trial.

Facts that decide a medical negligence claim in Rhode Island

Deadline“An action for medical * * * malpractice shall be commenced within three (3) years from the time of the occurrence of the incident,” with a discovery rule for some cases.R.I. Gen. Laws § 9-1-14.1, quoted in Bustamante v. Oshiro (R.I. 2013)
Discovery dateThe clock ran from the day the patient and his wife learned of the tumor and believed the doctors had done something wrong.Bustamante v. Oshiro (R.I. 2013)
Fault ruleYour lack of due care, or the fact that the danger “was open and obvious shall not bar a recovery, but damages shall be diminished” in proportion to your negligence. Rhode Island is a pure comparative state.R.I. Gen. Laws § 9-20-4, quoted in Yanku v. Walgreen (R.I. 2020)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Rhode Island. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

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★ RI · reported medical negligence outcomes

What Rhode Island courts have awarded.

Real Rhode Island decisions and verdicts, each linked to the court record or official report.

  • Bustamante v. Oshiro
    Rhode Island Supreme Court · 2013
    Judgment for the doctors affirmed

    From October 2003 Jose Bustamante’s neck pain was worked up with an X-ray, MRI, a neurosurgeon and an orthopedist, who blamed degenerative disc disease. A May 2005 MRI in Miami showed a mass, he was told of a tumor on June 2, 2005, and a plasmacytoma was removed on June 10. He sued on June 9, 2008. The court held the three year limit had run.

  • Cappuccilli v. Carcieri
    Rhode Island Supreme Court · 2017
    Defense verdict affirmed

    On March 15, 2006, Sevan Cappuccilli was admitted to Women & Infants in labor with her fifth child. Around 12:22 p.m. the baby showed signs of distress, and she underwent an emergency C-section. She sued Dr. Carcieri, who was supervising residents that day, and the hospital over an injury from the procedure. After a three and a half week trial the jury found for the defendants, and the court affirmed.

★ RI · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Rhode Island.

  1. 1

    Count three years from when you knew or should have known of the problem; a week can decide the case.

  2. 2

    A long trial with competing experts can go either way, as Cappuccilli shows.

  3. 3

    Teaching hospitals involve several doctors; name each one whose care is at issue.

★ RI · statute of limitations
3 years from date of injury

R.I. Gen. Laws § 9-1-14

★ RI · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Rhode Island's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Rhode Island · you are herePure comparative negligence3 years from date of injury—
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
DelawareModified comparative, 51% bar2 years from date of injuryDE · medical negligence →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
MarylandPure contributory negligence3 years from date of injuryMD · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
South DakotaSlight versus gross negligence3 years from date of injurySD · medical negligence →
★ RI · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of RI
Rhode Island overview

Fault rule, statute, caps, and key facts for Rhode Island as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Rhode Island's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Rhode Island. See /methodology, /sources, and /disclaimer.