AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR ACTIONS -- RHODE ISLAND MEDICAL LIABILITY ACTIONS (Creates a medical malpractice tribunal that would screen medical malpractice actions before such actions could proceed in superior court.)

H7646

2026 -- H 7646
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR
ACTIONS -- RHODE ISLAND MEDICAL LIABILITY ACTIONS

Introduced By:
Representatives Nardone, Santucci, Chippendale, Roberts, Place, and
Hopkins

Date Introduced:
February 11, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 10 of the General Laws entitled "COURTS AND CIVIL PROCEDURE
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— PROCEDURE IN PARTICULAR ACTIONS" is hereby amended by adding thereto the
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following chapter:
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CHAPTER 19.1
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RHODE ISLAND MEDICAL LIABILITY ACTIONS
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10-19.1-1. Definitions.

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(1) “Healthcare provider” means those persons defined in § 5-37.3-3.
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(2) “Tribunal” means the panel established by § 10-19.1-2.
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10-19.1-2. Medical malpractice tribunal.

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(a) Every action for malpractice, error, or mistake against a healthcare provider shall be
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heard by a tribunal consisting of a justice of the superior court, who shall preside; an attorney
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licensed to practice law in this state; and a healthcare provider licensed to practice medicine in this
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state. Each such action shall be heard by said tribunal within fifteen (15) days after the defendant’s
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answer has been filed.
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(b) The attorney and healthcare provider shall be appointed by the presiding justice. The
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healthcare provider shall, where feasible, be selected from the same or a substantially similar
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specialty as the defendant healthcare provider, as selected by the superior court justice in a manner
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the justice determines fair and equitable. Where there are codefendants representing more than one

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field of health care, the superior court justice shall determine in the justice's discretion who shall
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represent the healthcare field on the tribunal.
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10-19.1-3. Tribunal hearing and standard of review.

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(a) The tribunal shall conduct a hearing at which the plaintiff shall present an offer of proof.
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(b) The offer of proof shall consist of such evidence as would be admissible at trial.
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(c) The tribunal shall determine whether the evidence presented, if properly substantiated,
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is sufficient to raise a legitimate question of liability appropriate for judicial inquiry or whether the
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plaintiff’s case is merely an unfortunate medical result.
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(d) The tribunal shall not resolve disputed issues of fact, assess credibility, or determine
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damages.
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10-19.1-4. Tribunal finding for the plaintiff.

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If the tribunal determines that the plaintiff’s offer of proof is sufficient, the action shall
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proceed in the superior court in the normal course without further restriction.
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10-19.1-5. Tribunal finding for the defendant; Bond requirement.

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(a) If the tribunal determines that the plaintiff’s offer of proof is insufficient, the plaintiff
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may proceed with the action only upon filing a bond in the amount of six thousand dollars ($6,000),
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conditioned upon payment of the defendant’s taxable costs if the plaintiff does not prevail.
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(b) Upon a showing that the plaintiff is indigent or that the bond requirement would create
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an undue hardship, the court may reduce the amount of the bond but may not eliminate the
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requirement.
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(c) Failure to post the required bond within thirty (30) days of the tribunal’s finding shall
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result in dismissal of the action without prejudice.
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10-19.1-6. Effect of tribunal proceedings.

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The finding of the tribunal shall be admissible as evidence at trial.
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10-19.1-7. Costs and compensation.

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(a) Tribunal members other than the presiding justice shall be compensated at a rate
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established by the chief justice of the supreme court.
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(b) Costs associated with tribunal proceedings shall be taxed as costs in the action at the
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discretion of the court.
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10-19.1-8. Rules.

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The chief justice of the supreme court shall promulgate rules and fee schedules necessary
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to implement the provisions of this chapter.

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SECTION 2. This act shall take effect upon passage and shall apply to all medical
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malpractice actions filed on or after January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR
ACTIONS -- RHODE ISLAND MEDICAL LIABILITY ACTIONS
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This act would create a medical malpractice tribunal that would screen medical malpractice
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actions before such actions may proceed in superior court.
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This act would take effect upon passage and shall apply to all medical malpractice actions
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filed on or after January 1, 2027.
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