Rhode Island House Bill H5441

Rhode Island 2023 Regular Session

• Introduced: 2/8/23
• Refer: 2/8/23

Caption

Procedure Generally -- Evidence

Impact

The repeal of the collateral source rule under H5441 will significantly impact civil procedure in medical malpractice litigation in Rhode Island. It aligns the state's practices more closely with those of other jurisdictions that allow for the introduction of collateral source evidence. Proponents argue that this change will lead to fairer verdicts, ensuring that damages awarded to plaintiffs reflect the actual losses and benefits, rather than inflated claims that do not consider other compensations. The bill aims to streamline the claims process and reduce potential disparities in judgments based on the availability of insurance benefits.

Summary

House Bill 5441, introduced in the Rhode Island General Assembly, primarily addresses changes to the rules regarding evidence in medical malpractice cases. Specifically, it seeks to repeal the collateral source rule that currently allows plaintiffs to claim damages without consideration of benefits they may have received from other sources, such as insurance. This repeal means that if a defendant in a medical malpractice case chooses to introduce evidence of benefits that the plaintiff has received due to their injury, that amount can be deducted from any damages awarded to the plaintiff by a jury. The intent of this legislation is to prevent plaintiffs from receiving a double recovery for their injuries.

Contention

Notable points of contention surrounding H5441 include concerns from patient advocacy groups and legal experts who worry that this legislation could deter victims of medical malpractice from seeking necessary legal recourse. Critics argue that the repeal of the collateral source rule might undermine the situation of injured parties who rely on insurance benefits and discourage them from pursuing legitimate claims against negligent healthcare providers. Furthermore, there is a fear that it may disproportionately affect lower-income patients who may not have adequate insurance, thereby worsening the liabilities and consequences they face in malpractice cases.