Roberts, Carroll, Feldstein and Peirce News Bulletin. Questions, comments, suggestions and/or feedback concerning any of the items covered in this newsletter, or any other matter, are always welcome. If you have an idea, issue or topic you would like us to address, please email us at rcfpevents@rcfp.com. Please click below to read additional articles from this News Bulletin. Form Over Substance: The Rhode Island Superior Court Further Refines The Peer Review Privilege |
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Rhode Island Supreme Court Update: Oden v. Schwartz, May 16 2013On May 16, 2013 the Rhode Island Supreme Court delivered its opinion in Oden v. Schwartz, a medical malpractice action arising out of the misplacement of a suture during mitral valve replacement surgery. This decision is notable for the Supreme Court’s rulings upholding the constitutionality of the prejudgment interest statute, R.I. Gen. Laws § 9-21-10(b), its approval of the trial judge’s instruction on liability insurance and its ruling on the applicability of the defense of intervening and superceding cause. |