Newsletter August 2015 » ROBERTS, CARROLL, FELDSTEIN & PEIRCE INCORPORATED

Electronic Medical Records: Standard of Care? (Part 1)

One of the primary incentives for health care providers to embrace and adopt information technology and electronic medical records/electronic health records (EMR/EHR) is the promised improvement in patient safety. Secondary benefits can be found in the incentives and grants available through the HITECH Act of 2009 and intended to encourage “meaningful use” of EMR/EHR. As the adoption of EMR/EHR increases, an analysis of the impact of EMR/EHR on a medical provider’s legal liability becomes ever more necessary. This article, the first in a series, begins the exploration of this issue. Read More...

Pauline R. Hall v. Rita Shiff, et al. – Affirmation of Kelvey v. Coughlin Decision Allows Broader Inquiry into Opinions of Experts

A recent decision by the Rhode Island Superior Court potentially expands the range of questions that may be posed to an expert witness at deposition. In Hall v. Shiff, et al., (C.A. No. PC 08-2420, Gibney, J., February 17, 2015) the Court ruled that an attorney may question a medical expert as to whether he/she agrees or disagrees with the disclosed opinions of an opposing expert. The Court, relying upon the Rhode Island Supreme Court decision in Kelvey v. Coughlin, 625 A.2d 775, found that there was no privilege that would justify an instruction not to answer in the circumstances presented. Read More...

Rhode Island Superior Court decision clarifies the Rhode Island Wrongful Death Statute - Work product privilege applied

There has long been a debate in Rhode Island about the minimum recovery available to a plaintiff in an action for wrongful death. R.I. Gen. Laws § 10-7-2 provides, “[w]henever any person or corporation is found liable under §§ 10-7-1 -- 10-7-4 he or she or it shall be liable in damages in the sum of not less than two hundred fifty thousand dollars.” Some practitioners have argued that each defendant in a wrongful death action, if found liable, is subject to the minimum recovery of $250,000. Justice Gallo of the Rhode Island Superior Court rejected this interpretation. Read More...

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The proposed changes to the Rhode Island Department of Health’s Rules and Regulations for the Licensure and Discipline of Physicians range from stylistic to substantive. This article will explore some of the more important changes in the rules. A full copy of the proposed rules can be found here.

Perhaps the most important proposed change to the regulations relates to license renewal fees. The Department of Health has added a new rule providing for reduced fees for license renewal under certain circumstances. Under the proposed rules a physician will be eligible for a reduced fee if he/she has met the following requirements:

Successful completion of the Physician Professional Education Program for the current renewal cycle, as established by the Director; and

(i) For the renewal period ending 30 June 2013, documentation of successful completion of the Physician Professional Education Program for the renewal cycle is filed with the Board before 1 May 2014;

(ii) For renewal periods ending 30 June 2016 and later, documentation of successful completion of the Physician Professional Education Program for the current renewal cycle is filed with the Board before the first (1st) day of April of each even-numbered year; and

Payment is received on or before the first (1st) day of July of each even-numbered year.

Public Hearing Draft, Rules and Regulations for the Licensure and Discipline for Physicians, page 9 (emphasis added). Pursuant to the proposed Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health the standard renewal fee will be $1090 and a renewal with “Approved Training,” as outlined above, will be $870. See Public Hearing Draft Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health, Page A-13. The proposed rules also eliminate the “Emeritus Renewal”