medical malpractice claim (Rhode Island) · Go Syfert
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medical malpractice claim in Rhode Island

8 Rhode Island opinions name it 2 courts 1997–2014 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Peace v. Weismangreen
gactapp · 1988 · cited in 1 Rhode Island opinions naming this issue, 2014–2014
1 sentence

2014In denying the patient’s medical malpractice claim, the court held as a matter of law that the parties did not establish a physician-patient relationship and that the doctor’s only duty to the patient under a theory of negligence “was to conduct the examination in such a manner as not to injure him.” Id. at 321.

11
Zuccolo v. Blazargreen
ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 2006–2006
1 sentence

2006See also Zuccolo v. Blazar, 694 A.2d 717, 719 (R.I.1997) (applying the Anthony analysis to a medical malpractice claim also regarding the side effects of a prescription drug).

11
The Merchants National Bank v. Bernice I. Morrissgreen
ca1 · 1959 · cited in 1 Rhode Island opinions naming this issue, 2003–2003
1 sentence

2003Accord Merchants National Bank v. Morriss, 269 F.2d 363, 366 (1st.

11
Marshall v. Medical Associates of Rhode Island, Inc.green
ri · 1996 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See Buja, 688 A.2d at 818 (defense counsel argued obstetrician not qualified to testify concerning standard of care required of family practitioner performing obstetrical procedures); Marshall, 677 A.2d at 426-27 (defense counsel argued physician skilled in pediatries and family medicine not qualified to testify against physician certified in emergency and internal medicine when the alleged malpractice concerned treatment of animal bite).

11
Buja v. Morningstargreen
ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See Buja, 688 A.2d at 818 (defense counsel argued obstetrician not qualified to testify concerning standard of care required of family practitioner performing obstetrical procedures); Marshall, 677 A.2d at 426-27 (defense counsel argued physician skilled in pediatries and family medicine not qualified to testify against physician certified in emergency and internal medicine when the alleged malpractice concerned treatment of animal bite).

11
Millar v. Beacon Insurance Co. of Americagreen
ohio · 1992 · cited in 1 Rhode Island opinions naming this issue, 1997–1997
1 sentence

1997Fogarty Memorial Hospital, 481 A.2d 1 (R.I.1984) (affirming dismissal of “medical malpractice” claim against nurse because it was time barred pursuant to G.L.1956 § 9-1-14.1 (the medical-malpractice limitations period), notwithstanding a dissent arguing that "[i]t appears to be the unanimous holding in states with similar statutes of limitations for medical-malpractice claims that the negligence of a nurse constitutes ordinary negligence rather than medical malpractice,” 481 A.2d at 6 ), or as an ordinary negligence action, see Ramage v. Central Ohio Emergency Services, Inc., 64 Ohio St.3d 97

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Lewis v. Roderick green
ri · 1992
2 sentences

2010In Lewis , our Supreme Court held that the "Legislature intended that the [patient-physician] privilege automatically be waived when a patient . . . elects to bring a medical-malpractice claim or otherwise puts his or her medical condition at issue." Id.

2001Waiver In Lewis, our Supreme Court held that the privilege protections afforded by the CHCIA were automatically waived when a patient elected to bring a medical malpractice claim. 617 A.2d at 121-122 .

22001–2010
Bakalakis v. Women & Infants' Hospital green
ri · 1993
1 sentence

2007In Bakalakis, 619 A.2d at 1106 , two parents brought a medical malpractice claim on behalf of their infant son for alleged negligent care immediately after his birth, on December 18, 1984.

12007–2007
Vigue v. John E. Fogarty Memorial Hospital green
ri · 1984
2 sentences

1997Fogarty Memorial Hospital, 481 A.2d 1 (R.I.1984) (affirming dismissal of “medical malpractice” claim against nurse because it was time barred pursuant to G.L.1956 § 9-1-14.1 (the medical-malpractice limitations period), notwithstanding a dissent arguing that "[i]t appears to be the unanimous holding in states with similar statutes of limitations for medical-malpractice claims that the negligence of a nurse constitutes ordinary negligence rather than medical malpractice,” 481 A.2d at 6 ), or as an ordinary negligence action, see Ramage v. Central Ohio Emergency Services, Inc., 64 Ohio St.3d 97

1997Fogarty Memorial Hospital, 481 A.2d 1 (R.I.1984) (affirming dismissal of “medical malpractice” claim against nurse because it was time barred pursuant to G.L.1956 § 9-1-14.1 (the medical-malpractice limitations period), notwithstanding a dissent arguing that "[i]t appears to be the unanimous holding in states with similar statutes of limitations for medical-malpractice claims that the negligence of a nurse constitutes ordinary negligence rather than medical malpractice,” 481 A.2d at 6 ), or as an ordinary negligence action, see Ramage v. Central Ohio Emergency Services, Inc., 64 Ohio St.3d 97

11997–1997
Ramage v. Central Ohio Emergency Services, Inc. green
ohio · 1992
1 sentence

1997Fogarty Memorial Hospital, 481 A.2d 1 (R.I.1984) (affirming dismissal of “medical malpractice” claim against nurse because it was time barred pursuant to G.L.1956 § 9-1-14.1 (the medical-malpractice limitations period), notwithstanding a dissent arguing that "[i]t appears to be the unanimous holding in states with similar statutes of limitations for medical-malpractice claims that the negligence of a nurse constitutes ordinary negligence rather than medical malpractice,” 481 A.2d at 6 ), or as an ordinary negligence action, see Ramage v. Central Ohio Emergency Services, Inc., 64 Ohio St.3d 97

11997–1997

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 9-1-14.1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 208 (1978–2026) MI 181 (1982–2026) OH 140 (1983–2026) NY 139 (1980–2026) TX 137 (1984–2024) IL 105 (1978–2026) IN 92 (1983–2025) CA 73 (1971–2026) CT 68 (1988–2024) TN 67 (1986–2024) PA 66 (1979–2025) FL 62 (1979–2025) MD 58 (1978–2025) MS 46 (1994–2026) GA 44 (1984–2025) NJ 41 (1976–2024) AL 34 (1990–2025) WA 32 (1973–2025) VA 32 (1987–2026) NC 30 (1980–2023) WI 29 (1981–2026) OR 28 (1986–2025) MN 26 (1971–2026) NM 26 (1996–2025) DC 24 (1982–2026) AZ 22 (1986–2025) SC 20 (1993–2024) ID 18 (1988–2023) CO 18 (1977–2024) MO 16 (1991–2020) KS 15 (1996–2026) MA 14 (1980–2025) IA 13 (1976–2026) NE 13 (1990–2025) KY 12 (1978–2026) UT 12 (1993–2024) WY 11 (1989–2025) AR 10 (1992–2024) WV 9 (1991–2025) MT 8 (1996–2026) RI 8 (1997–2014) NV 8 (1998–2022) ND 7 (1983–2019) VT 6 (2005–2021) VI 5 (1999–2026) DE 5 (1989–2020) SD 5 (1985–2020) AK 5 (1992–2023) NH 4 (2001–2018) OK 3 (1999–2023) ME 3 (2019–2019) HI 3 (2003–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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