Friday, May 5, 2006
Rhode Island (which my daughter informs me is not an island after all) has a fairly broad tort reform measure under consideration. It would:
Places a two-year statute of limitations on filing a medical malpractice claim. The current statute of limitations is three years.
Requires a timely disclosure of expert testimony.
Caps non-economic damages at $250,000 and also the amount of attorneys' fees that can be collected.
Requires timely disclosure of expert witnesses.
Establishes a pre-trial screening mechanism at the outset of the claim to determine if the case has merit to go forward.
Changes the rules on prejudgment interest to discourage plaintiffs from waiting for years before filing a claim.