Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Rhode Island, medical malpractice claims are governed by state statutes and case law. To establish a medical malpractice claim in Rhode Island, the following elements must be proven: (1) the existence of a doctor-patient relationship, establishing that the physician or health care provider owed a duty of care to the plaintiff; (2) the health care provider failed to adhere to the accepted standards of medical care, which constitutes a breach of duty; (3) the breach of duty was the proximate cause of the plaintiff's injury; and (4) the plaintiff suffered damages as a result of the injury. Rhode Island law requires that medical malpractice claims be filed within three years from the date the negligent act occurred, or within three years from the time the plaintiff discovered, or reasonably should have discovered, the injury. Additionally, before filing a lawsuit, plaintiffs must comply with a pre-litigation screening process, which includes obtaining a written opinion from a qualified health care provider stating that there is a reasonable basis to proceed with the claim. This process is designed to weed out non-meritorious claims and encourage settlement before a lawsuit is filed.