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R.I. Gen. Laws § 9-1-14.1

Limitation on malpractice actions

Applied in 6 court decisions — leading case Owens v. Okure (1989)

Most recently applied in 130 F. Supp. 3d 622 - Esposito v. Novartis Pharmaceuticals Corp. (September 2015)

P.L. 1976, ch. 244, § 8; P.L. 1981, ch. 101, § 2; P.L. 1984, ch. 236, § 1; P.L. 1988, ch. 392, § 1; P.L. 2018, ch. 154, § 1; P.L. 2018, ch. 273, § 1.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action for medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be commenced within three (3) years from the time of the occurrence of the incident that gave rise to the action; provided, however, that:

(1) One who is under disability by reason of age and on whose behalf no action is brought within the period of three (3) years from the time of the occurrence of the incident shall bring the action at any time up to twenty-one (21) years of age.

(2) One who is under disability by reason of mental incompetence, or otherwise, and on whose behalf no action is brought within the period of three (3) years from the time of the occurrence of the incident, shall bring the action within three (3) years from the removal of the disability.

(3) In respect to those injuries or damages due to acts of medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice that could not in the exercise of reasonable diligence be discoverable at the time of the occurrence of the incident that gave rise to the action, suit shall be commenced within three (3) years of the time that the act or acts of the malpractice should, in the exercise of reasonable diligence, have been discovered.

Official source: Rhode Island General Assembly. Reproduced from public-domain Rhode Island statutes; confirm against the official source for the current text. Not legal advice.