Rhode Island 2026 Regular Session

Rhode Island Senate Bill S3189

Introduced
4/3/26  

Caption

Repeals the collateral source rule in medical malpractice actions.

Impact

The repeal of the collateral source rule could lead to a decrease in the total award amounts for plaintiffs in medical malpractice cases. If a defendant in such a lawsuit chooses to introduce evidence of benefits received by the plaintiff from other sources (such as health insurance), it could drastically affect the jury's decisions on damages. This may ultimately favor defendants, potentially disincentivizing claims against medical professionals and institutions, while also modifying the financial responsibilities and perceptions surrounding malpractice insurance.

Summary

Bill S3189 seeks to repeal the collateral source rule specifically in medical malpractice cases. This rule traditionally allows plaintiffs to recover damages without having to disclose any compensation they received from collateral sources, such as insurance. By eliminating this rule, the bill proposes a significant change in how damages are assessed and awarded in personal injury cases involving professional negligence against healthcare providers. This action aligns with a broader movement to reform the legal landscape concerning medical malpractice lawsuits.

Contention

Notably, there are concerns about the implications of this repeal for plaintiffs who may already face challenges in proving their cases. Critics argue that the bill could disproportionately harm injured patients who rely on pursuing financial compensation for their medical expenses and suffering. Since the jury would be informed about any insurance benefits received, there is a fear that they may under-award damages based on pre-existing insurance payouts, undermining the principle of full compensation for victims of medical negligence. Proponents of the bill argue it makes the process fairer for defendants and reduces 'double-dipping' by plaintiffs.

Companion Bills

No companion bills found.

Previously Filed As

RI H5903

Repeals the collateral source rule in medical malpractice actions.

RI H5912

Provides for fair and reasonable charges for certain medical and health care services in civil actions.

RI S0793

Increases individual, group, and Medicaid insurance rates of reimbursement for ambulance and wheelchair van services to be equal to reimbursement rates provided by Medicare for the same medical services.

RI H5772

Increases individual, group, and Medicaid insurance rates of reimbursement for ambulance and wheelchair van services to be equal to reimbursement rates provided by Medicare for the same medical services.

RI S0056

SENATE RESOLUTION RESPECTFULLY URGING THE UNITED STATES CONGRESS TO PROTECT PATIENTS AND TRADITIONAL MEDICARE FROM MEDICARE ADVANTAGE

RI H5434

HOUSE RESOLUTION RESPECTFULLY URGING THE UNITED STATES CONGRESS TO PROTECT PATIENTS AND TRADITIONAL MEDICARE FROM MEDICARE ADVANTAGE

RI S0637

Requires the department of elementary and secondary education and DOH to adopt policies, rules and regulations for the administration of seizure rescue medications for children who have been medically identified as having epilepsy/seizure disorder.

RI H5491

Requires the department of elementary and secondary education and DOH to adopt policies, rules and regulations for the administration of seizure rescue medications for children who have been medically identified as having epilepsy/seizure disorder.

RI S0684

Prohibits a policy of individual health insurance coverage from requiring prior authorization for prescriptions of generic medication.

RI S0269

Repeals the required HIV testing for an individual convicted under chapter 34.1 of title 11 and allows the option for HIV testing for any person convicted under this chapter.

Similar Bills

No similar bills found.