Rhode Island Medical Malpractice Complaint

COMPLAINT FOR MEDICAL MALPRACTICE

(Rhode Island Superior Court)

CAPTION

STATE OF RHODE ISLAND
SUPERIOR COURT

[PROVIDENCE / KENT / WASHINGTON / NEWPORT] COUNTY, SC.

C.A. No. [____________]

COMPLAINT

(Jury Trial Demanded)

NOW COMES the Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, and complains against the Defendants as follows:

I. INTRODUCTION AND NATURE OF THE ACTION

1. This is a civil action seeking compensatory damages for serious personal injuries [and/or wrongful death] sustained by Plaintiff [or Plaintiff's decedent] as a direct and proximate result of negligent medical care, treatment, diagnosis, and/or surgical/procedural conduct rendered by the Defendants in violation of the standards of care prevailing in the relevant specialty in Rhode Island and the United States.

2. Plaintiff invokes the jurisdiction of this Court pursuant to R.I. Gen. Laws § 8-2-13 (general civil jurisdiction of the Superior Court) and brings this action under common law tort principles and the Rhode Island statutes governing medical malpractice, including R.I. Gen. Laws § 9-1-14.1.

II. PARTIES

3. Plaintiff [PLAINTIFF NAME] is an adult individual residing at [____________________________________], in the City/Town of [___________], County of [___________], State of [___________].

4. Defendant [PHYSICIAN NAME], M.D. is, on information and belief, an adult individual licensed to practice medicine in the State of Rhode Island, holding License No. [_______________], and at all times material maintained an office and practice at [___________________________________________________] in [___________], Rhode Island.

5. Defendant [HOSPITAL/PRACTICE GROUP NAME] is a [Rhode Island corporation / limited liability company / nonprofit corporation / professional service corporation organized under R.I.G.L. ch. 7-5.1] with a principal place of business at [_____________________________________], in [___________], Rhode Island, and at all times material owned, operated, staffed, and/or held out to the public the medical facility where the negligent care occurred.

6. Defendant [NURSE / PA / NP NAME] is, on information and belief, a [Registered Nurse / Physician Assistant / Nurse Practitioner / other allied health professional] licensed in Rhode Island, holding License No. [_______________], and at all times material was acting within the scope of [his/her/their] employment by Defendant [HOSPITAL/PRACTICE GROUP].

7. Defendants John/Jane Does 1-10 are persons or entities whose true identities are presently unknown to Plaintiff but who, on information and belief, participated in, supervised, ratified, or were otherwise responsible for the negligent care described herein. Plaintiff will move to amend this Complaint to substitute true names upon discovery thereof.

III. JURISDICTION AND VENUE

8. The Superior Court has subject-matter jurisdiction over this action pursuant to R.I. Gen. Laws § 8-2-13 because the amount in controversy exceeds $10,000 exclusive of interest and costs.

9. Venue is proper in this Court pursuant to R.I. Gen. Laws § 9-4-3 because:

☐ The cause of action arose in [___________] County; and/or
☐ One or more Defendants reside, maintain a place of business, or were served with process in [___________] County.

10. Timeliness. This Complaint is filed within three (3) years of the date of the negligent acts and/or within three (3) years of the date when, in the exercise of reasonable diligence, Plaintiff discovered or should have discovered the malpractice, as required by R.I. Gen. Laws § 9-1-14.1 and as construed by Wilkinson v. Harrington, 243 A.2d 745 (R.I. 1968), and Anthony v. Abbott Laboratories, 490 A.2d 43 (R.I. 1985).

IV. FACTUAL ALLEGATIONS

A. The Physician-Patient Relationship

11. On or about [DATE], Plaintiff [or Plaintiff's decedent] presented to Defendant(s) at [FACILITY NAME] in [CITY], Rhode Island, complaining of [SYMPTOMS/CONDITION].

12. By undertaking to diagnose, evaluate, treat, and/or perform [PROCEDURE/SURGERY] upon Plaintiff, each Defendant entered into a physician-patient (or analogous health-care-provider-patient) relationship with Plaintiff and assumed the duty to render care in accordance with the applicable standard of care prevailing in the specialty of [SPECIALTY] in Rhode Island and similar communities.

B. The Course of Negligent Care

13. Specifically, on or between [DATE] and [DATE], Defendants rendered the following care:

a. [Detailed chronological description of relevant clinical encounters, examinations, tests ordered, results reviewed, diagnoses made, medications prescribed, procedures performed, follow-up rendered.]

b. [Continue chronology with specific dates and providers.]

c. [Continue chronology.]

14. Among other deviations from the standard of care, Defendants:

a. Failed timely to [diagnose / order indicated testing / refer to specialist / recognize ____________];
b. Negligently performed [procedure/surgery] in that [______________________________];
c. Failed to obtain proper informed consent for [______________________________];
d. Failed to communicate critical [test result / abnormal finding / consultant recommendation];
e. Negligently prescribed, administered, or monitored [medication/dosage];
f. Negligently discharged Plaintiff before [____________________________];
g. [Additional specific deviations.]

C. Injuries and Harm

15. As a direct and proximate result of the foregoing negligence, Plaintiff sustained the following injuries:

a. [Specific physical injury, e.g., permanent paralysis, loss of organ function, brain injury];
b. [Specific medical complications and required corrective treatment];
c. Past medical and hospital expenses in excess of $[__________];
d. Future medical, surgical, rehabilitative, custodial, and pharmaceutical expenses in excess of $[__________];
e. Past lost earnings of $[__________];
f. Future loss of earning capacity in excess of $[__________];
g. Severe and permanent physical pain, mental suffering, emotional distress, loss of enjoyment of life, disfigurement, and humiliation;
h. [If applicable] Loss of consortium suffered by [SPOUSE NAME], joined as Co-Plaintiff;
i. [If wrongful death] Conscious pain and suffering of decedent prior to death and pecuniary losses to the statutory beneficiaries pursuant to R.I.G.L. § 10-7-1 et seq.

V. CAUSES OF ACTION

COUNT I — MEDICAL NEGLIGENCE

(Against [PHYSICIAN DEFENDANT])

16. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

17. At all times material, Defendant [PHYSICIAN] owed Plaintiff a duty to exercise that degree of care, skill, knowledge, and diligence ordinarily possessed and exercised by similarly situated physicians practicing [SPECIALTY] in Rhode Island and similar communities.

18. Defendant [PHYSICIAN] breached that duty by, among other things:

☐ Failing timely to diagnose [_______________];
☐ Failing to order [test/imaging/consult] indicated by the clinical presentation;
☐ Misinterpreting [_______________];
☐ Negligently performing [procedure/surgery];
☐ Failing to recognize and respond to [_______________];
☐ Failing to obtain informed consent that complied with R.I. standards;
☐ [Additional specific breaches.]

19. The foregoing breaches were the direct and proximate cause of the injuries and damages described herein.

COUNT II — MEDICAL NEGLIGENCE

(Against [HOSPITAL / PRACTICE GROUP])

20. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

21. Defendant [HOSPITAL/PRACTICE GROUP] owed Plaintiff a duty to provide reasonably safe medical care, including:

a. Hiring, credentialing, training, supervising, and retaining competent medical and nursing personnel;
b. Promulgating and enforcing reasonable policies, procedures, and protocols consistent with the prevailing standard of care for [type of facility / specialty];
c. Ensuring adequate staffing, equipment, and systems for monitoring and responding to patient deterioration; and
d. Providing care through its employees and apparent agents in accordance with the applicable standard of care.

22. Defendant [HOSPITAL/PRACTICE GROUP] breached that duty as more fully described above and is liable both directly (institutional negligence) and vicariously (respondeat superior, including for the conduct of apparent agents who held themselves out and were held out as the hospital's providers).

COUNT III — VICARIOUS LIABILITY / RESPONDEAT SUPERIOR

(Against [HOSPITAL / PRACTICE GROUP])

23. Plaintiff incorporates by reference each of the foregoing paragraphs as if fully set forth herein.

24. At all times material, Defendant [PHYSICIAN], Defendant [NURSE/PA/NP], and the Doe Defendants were employees, ostensible agents, and/or actual agents of Defendant [HOSPITAL/PRACTICE GROUP] acting within the course and scope of such employment or agency.

25. Defendant [HOSPITAL/PRACTICE GROUP] is therefore vicariously liable for the negligent acts and omissions of its employees and agents.

COUNT IV — NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(Against All Defendants — if applicable)

26. Plaintiff incorporates the foregoing paragraphs.

27. Defendants' conduct caused Plaintiff [or specified family member] to experience severe emotional distress accompanied by physical manifestations, satisfying the elements of negligent infliction of emotional distress under Rhode Island law.

COUNT V — LACK OF INFORMED CONSENT

(Against [PHYSICIAN DEFENDANT])

28. Plaintiff incorporates the foregoing paragraphs.

29. Defendant [PHYSICIAN] failed to disclose the material risks, benefits, and reasonable alternatives of [PROCEDURE/TREATMENT] that a reasonable patient in Plaintiff's circumstances would have considered material to the decision.

30. Had Plaintiff been adequately informed, Plaintiff would not have consented to the procedure/treatment, and the undisclosed risk materialized causing the injuries described.

COUNT VI — LOSS OF CONSORTIUM

(By [SPOUSE / PARENT / CHILD] of Plaintiff — if applicable)

31. Co-Plaintiff [NAME] incorporates the foregoing paragraphs.

32. As a direct and proximate result of the injuries to Plaintiff [NAME], Co-Plaintiff has suffered and will continue to suffer loss of society, services, companionship, comfort, and consortium for which damages are recoverable under Rhode Island law.

COUNT VII — WRONGFUL DEATH

(if applicable; brought by Personal Representative)

33. The Personal Representative incorporates the foregoing paragraphs.

34. The negligence of the Defendants caused the death of [DECEDENT] on [DATE], and the Personal Representative brings this Count pursuant to R.I. Gen. Laws § 10-7-1 et seq. for the pecuniary losses to the statutory beneficiaries, the conscious pain and suffering of the decedent prior to death (R.I.G.L. § 10-7-7), and all other recoverable damages including reasonable funeral and burial expenses.

VI. JOINT AND SEVERAL LIABILITY; COMPARATIVE NEGLIGENCE

35. Defendants are joint tortfeasors within the meaning of R.I. Gen. Laws § 10-6-2 and are jointly and severally liable for the indivisible injuries caused by their concurrent negligence, with rights of contribution among themselves to be determined pursuant to R.I. Gen. Laws ch. 10-6.

36. To the extent any Defendant asserts comparative negligence, Plaintiff pleads that Rhode Island follows pure comparative negligence under R.I. Gen. Laws § 9-20-4: damages shall be diminished by the finder of fact in proportion to any negligence attributable to Plaintiff, but no degree of comparative fault bars recovery.

VII. DAMAGES

37. Plaintiff seeks the full measure of compensatory damages permitted under Rhode Island law, including:

a. Past and future medical, hospital, surgical, pharmaceutical, rehabilitative, custodial, and home-health expenses;
b. Past lost wages and future loss of earning capacity, including diminished pension and benefit accruals;
c. Past and future physical pain and suffering;
d. Past and future mental and emotional distress;
e. Past and future loss of the enjoyment of life;
f. Disfigurement and scarring;
g. Loss of consortium (Co-Plaintiff);
h. Wrongful death damages under R.I.G.L. ch. 10-7 (if applicable);
i. Statutory prejudgment interest pursuant to R.I. Gen. Laws § 9-21-10 from the date the cause of action accrued;
j. Costs of suit; and
k. Such other and further relief as this Court deems just.

VIII. PRESERVATION AND EVIDENTIARY NOTICES

38. Preservation Demand. Plaintiff demands that Defendants and their agents preserve all medical records, electronic health records, audit trails, metadata, billing records, imaging studies (in DICOM format), pathology slides and blocks, fetal monitoring strips (if applicable), peer-review and credentialing files (subject to applicable privilege), incident reports, root-cause analyses, and any electronically stored information related to the care of Plaintiff. Spoliation will be the subject of appropriate remedies.

39. Inadmissible Evidence Reservation. Plaintiff reserves all objections to the introduction of (i) advance payments under R.I.G.L. § 9-19-36, and (ii) any failure to bill under R.I.G.L. § 9-19-35, both of which are inadmissible to prove liability.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays this Honorable Court:

A. Enter judgment in favor of Plaintiff and against the Defendants, jointly and severally, in an amount that is fair, just, and reasonable, in excess of $[__________];

B. Award statutory prejudgment interest pursuant to R.I. Gen. Laws § 9-21-10;

C. Award costs and disbursements; and

D. Grant such other and further relief as this Court deems just and proper.

X. JURY TRIAL DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as of right, pursuant to R.I. Const. art. I, § 15 and R.I. Super. R. Civ. P. 38.

Dated this [____] day of [__________], 20[__].

Respectfully submitted,

PLAINTIFF [PLAINTIFF NAME],
By [his/her/their] Attorneys,

________________________________________
[ATTORNEY NAME], Esq. (R.I. Bar No. [_______])
[FIRM NAME]
[STREET ADDRESS]
[CITY], Rhode Island [ZIP]
Tel: ([___]) [___-____]
Fax: ([___]) [___-____]
Email: [_______________________]

VERIFICATION

I, [PLAINTIFF NAME], hereby verify under the pains and penalties of perjury that I have read the foregoing Complaint, and the factual allegations therein are true to the best of my knowledge, information, and belief.

________________________________________
[PLAINTIFF NAME]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true copy of the foregoing Complaint, Civil Cover Sheet, and Summons to be served upon each Defendant in the manner prescribed by R.I. Super. R. Civ. P. 4.

________________________________________
[ATTORNEY NAME], Esq.

Sources and References

• R.I. Gen. Laws § 9-1-14.1 — Limitation on medical malpractice actions
• R.I. Gen. Laws § 9-19-41 — Expert witnesses in malpractice cases
• R.I. Gen. Laws § 9-20-4 — Comparative negligence
• R.I. Gen. Laws ch. 10-6 — Contribution Among Joint Tortfeasors
• R.I. Gen. Laws § 9-21-10 — Prejudgment interest
• R.I. Gen. Laws ch. 10-7 — Wrongful Death
• Wilkinson v. Harrington, 243 A.2d 745 (R.I. 1968)
• Anthony v. Abbott Laboratories, 490 A.2d 43 (R.I. 1985)
• R.I. Super. R. Civ. P. 8, 9, 10, 11, 38

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Rhode Island medical malpractice law is fact-intensive. Verify the current text of all cited statutes against the Rhode Island General Laws and consult a Rhode Island licensed attorney before filing.