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689 A.2d 409 Supreme Court of Rhode Island 1997年2月26日 No. 95-306-Appeal被引用 12 次 協同意見書 · Bourcier
On the other hand, the medical doctor who negligently performs an appendectomy or a tonsillectomy faces full and total tort liability to his or her victim patient.
In one setting the plaintiff who has been victim of her doctor’s negligence and who gives birth to a healthy child is entitled to extremely limited expense tort recovery against the negligent doctor.
The factual reality in the usual medical malpractice case that is brought not only by women but also by males against the errant physicians who have negligently performed sterilization procedures is that the plaintiffs in those cases
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481 A.2d 1 Supreme Court of Rhode Island 1984年7月24日 No. 81-392-Appeal被引用 13 次 不同意見書 · Shea
of physicians and surgeons.
Medical malpractice is nothing more than a specialized subsection of the theory of negligence applicable to physicians and surgeons because of the special knowledge, training, and skill they possess. In the present case, Mrs.
The failure to assist her adequately, if proved, would simply represent a claim based on ordinary negligence. No negligence is alleged against any physician or surgeon but only against a nurse employed by the defendant hospital.
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165 A. 900 Supreme Court of Rhode Island 1933年5月3日
physician to recover his just damages.”
Were they admissions of negligence on the part of the Doctor? Or were they simply admissions of regret and statements to the effect that he hadn’t accomplished what he wished that he had accomplished.
They are not an unequivocal acknowledgment of negligence within the meaning of the term as applied to the conduct of a physician in the particular case. If the defendant said: “It is my fault.
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243 A.2d 745 Supreme Court of Rhode Island 1968年6月25日 No. 251-M. P
’ negligent conduct?
It would appear from the modern trend towards the application of the discovery rule, that courts are beginning to conclude that only the negligent physician is protected by the strict interpretation of the statute of limitations in
negligently fail to remove a foreign object after an operation.
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581 A.2d 1030 Supreme Court of Rhode Island 1990年11月2日 No. 90-5-A
(RIGHA) and was treated by physicians employed by RIGHA. The plaintiff claims that he was injured as a result of the negligence of these physicians.
In the case at bar, although the Legislature of Rhode Island has repealed the exemption for negligence given to hospitals, other medical service corporations, *1031 such as Blue Shield, are exempted from suit based upon the negligent
acts of member physicians pursuant to G.L.1956 (1989 Reenactment) § 27-20-7.
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560 A.2d 335 Supreme Court of Rhode Island 1989年6月20日 No. 88-81-Appeal
The court pointed out that the acts of the original wrongdoer and the negligent doctor occurred at different times and that neither had the opportunity to guard against the other’s negligence. Id.; see also Buttermore v.
Thus the physicians did not have the opportunity to guard against Krasnoff’s negligence. Similarly, Krasnoff had no opportunity to guard against the negligence of the doctors.
Circumstances in which equity would require the obligation to be discharged by the physicians would be if they were culpable and Krasnoff were blameless. However, Krasnoff himself has asserted that he was negligent.
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Superior Court of Rhode Island 2004年9月3日 No. WC 2001-0072尚無引用 未刊載(先例效力有限)
Broza, and South County Hospital, alleging that the decedent's death was the result of the doctors' negligence and that South County Hospital is vicariously liable under the doctrine of apparent authority. 2 South County Hospital
physician."
This negation results in an abrogation of Agency § 267 and, moreover, a means by which a state can hold a hospital, in essence, strictly liable for negligent treatment by their physicians retained as independent contractors.
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749 A.2d 574 Supreme Court of Rhode Island 2000年4月14日 No. 98-575-Appeal
They maintain also that the trial justice failed to correct her erroneous omission by failing to respond to the trial jury’s explicit request made during its deliberations for a definition of the standard of negligence as it related
to the defendant doctors and nurses.
We note that the trial jury, soon after receiving its instructions, relayed a note to the trial justice asking for the definition of negligence for doctors and nurses as well as the definition for “standard of care negligence.”
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623 A.2d 456 Supreme Court of Rhode Island 1993年4月20日 No. 91-380-Appeal
physician.
Corporate negligence differs from the vicarious nature of respondeat superior in that it imposes on the hospital a nondelegable duty owed directly to the patient that is independent of the doctor-hospital relationship.
Although this court has not yet addressed the doctrine of corporate negligence, we have previously recognized an analogous cause of action known as “negligent hiring.”
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772 A.2d 1065 Supreme Court of Rhode Island 2001年5月30日 No. 2000-60-Appeal
hospital, (2) that the patient actually believed the physician was an agent or a servant of the [professional medical corporation], and (3) that the patient thereby relied to his detriment upon the care and skill of the allegedly negligent
physician.”
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91 A.3d 805 Supreme Court of Rhode Island 2014年6月2日 No. 2012-67-M.P.
Furthermore, physicians may be inclined to produce a report more favorable to the applicant to avoid a subsequent lawsuit, “in which the examinee alleges the FME physician negligently made the report.”
Gitlow had committed medical malpractice, but only that he had been negligent in compiling his report. Neither party has asserted that Dr. Gitlow had entered into a doctor-patient relationship with Woodruff.
Fogarty Memorial Hospital, 481 A.2d 1, 6 (R.I.1984) (discussing that at common law malpractice was consistently applied solely to the negligence of physicians and surgeons). 3 .
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295 A.2d 676 Supreme Court of Rhode Island 1972年10月20日 No. 1479-Appeal to 1482-Appeal
The prevailing view, however, classifies the physician’s duty in this regard as a question of negligence because of the absence of the elements of any wilful intent by the physician to injure his patient. Mallett v.
This is not to -say, however, that res ipsa can never be available to the patient who charges a physician with negligent treatment or surgery.
There, we held that the statute did not begin to run until the patient discovered, or in the exercise of due care should have discovered, that she was a victim of the physicians’ negligent conduct.
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Supreme Court of Rhode Island 2024年6月28日 No. 2023-0005-Appeal.尚無引用
The trial justice reasoned that the defendant-doctors collaborated with plaintiff’s primary-care physician, unlike in Oliveira, where the nonparty doctor provided emergency care after the alleged negligence had already occurred.
Without the instruction, plaintiff submits he could not argue to the jury that it would be inappropriate to consider the decedent’s primary-care doctor’s conduct when assessing whether defendant- doctors acted negligently.
Armour prior to the defendant-doctors, while in Oliveira, the nonparty doctor provided emergency care to the patient after the Oliveira defendants’ negligence took place.
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8 R.I. Dec. 281 Superior Court of Rhode Island 1932年5月3日 No. 86283尚無引用
This is a suit brought by plaintiff through his father and next friend, Louis Coleman, to recover damages from the defendant, who is a practicing physician in the City of Woon-socket, resulting from alleged negligent treatment of plaintiff
There doubtless are cases where the actions of an attending physician are so extraordinary or where the lack of attention is so marked that even a layman may say that the physician is obviously negligent.
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547 A.2d 894 Supreme Court of Rhode Island 1988年8月5日 No. 87-468-Appeal
338 A.2d 524, 531 (1975) (i.e., *895 physical proximity, actual witnessing of the negligent act, and close personal relationship with the victim) in that she was present throughout and participated in her daughter’s traumatic and negligent
delivery, was aware of all the difficulties encountered by the attending physician, saw and heard the devastating results of the negligence of the attending obstetrician, and experiences and will continue to experience the constant
delivery, was aware of all the difficulties encountered by the attending physician, saw and heard the devastating results of the negligence of the attending obstetrician, and experiences and will continue to experience the constant
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22 A.3d 378 Supreme Court of Rhode Island 2011年6月20日 No. 2009-355-APPEAL尚無引用
At the conclusion of the hearing, the trial justice determined that the two nurses were not qualified to provide expert testimony in plaintiffs case with respect to the standard of care applicable to allegations of physician negligence
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694 A.2d 686 Supreme Court of Rhode Island 1997年5月9日 Nos. 96-6-Appeal, 95-418-Appeal
The plaintiff sued these and other defendants for negligence in connection with the alleged wrongful death of her husband.
He also determined that the “undisputed facts which don’t even support so much as mere negligence on the part of this physician, can scarcely be said to support gross negligence.”
cian were negligent, and not legitimate, alternatives”); see also Schenck v.
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519 A.2d 1132 Supreme Court of Rhode Island 1987年1月16日 Nos. 84-229-Appeal, 84-324-Appeal
Expert testimony is then needed to show why the procedures followed by the defendant physician were negligent, and not legitimate, alternatives.
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939 A.2d 1016 Supreme Court of Rhode Island 2008年2月11日 No. 2007-80-Appeal
The plaintiffs also alleged that numerous defendants were negligent in caring for Linda; that certain physicians engaged in negligent treatment of Linda; and that various officials were negligent in their supervision of employees at
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64 A.2d 866 Supreme Court of Rhode Island 1949年3月23日
considering the question presented under the count in negligence we have in mind that the overwhelming weight of authority is to the effect that, except in rare instances, expert evidence is ordinarily necessary to support an action for negligence
against a physician or surgeon where the exercise of proper skill or care is in issue.