Justia Professional Malpractice & Ethics Opinion Summaries

The case involves a petitioner who filed a miscellaneous petition in Family Court concerning a child whose parents are the respondent and the late Christine Hasselbrock. The petitioner, who had a long-standing platonic relationship with Ms. Hasselbrock, provided financial and emotional support to her and her child. After Ms. Hasselbrock's death, the petitioner sought to be declared a de facto parent or to have other parental rights recognized, but the respondent denied him access to the child.Initially, the petitioner filed an amended verified petition in Family Court, asserting both statutory and common law claims for de facto parentage. The first hearing justice dismissed the statutory claim due to lack of standing, as the petitioner had never resided with the child. The justice indicated that the petitioner could pursue his common law claims on the miscellaneous calendar. Consequently, the petitioner filed a new miscellaneous petition asserting various common law claims, including de facto parentage, in loco parentis, and visitation rights.The Rhode Island Supreme Court reviewed the case and affirmed the Family Court's orders. The Court held that the Rhode Island Uniform Parentage Act (UPA) supersedes common law de facto parentage claims, as the statute explicitly outlines the criteria for establishing de facto parentage. The Court also found that the petitioner lacked standing to pursue claims for visitation based on being an "unrelated caregiver" or "de facto relative," as there is no statutory authority granting such rights. Additionally, the Court affirmed the denial of the respondent's motion for attorneys' fees, finding no basis for such an award. View "De Vries v. Gaudiana" on Justia Law

The case involves Miguel Tebalan Rivera who was convicted of second-degree murder and commission of a crime of violence while in possession of a knife with a blade longer than three inches. Rivera filed an application for postconviction relief, arguing that his trial counsel was ineffective for failing to advise him that if he did not testify, he would be convicted of second-degree murder.The trial court granted Rivera's application for postconviction relief, finding that his trial counsel's performance was deficient and that this deficiency prejudiced Rivera's defense. The court found that Rivera's trial counsel failed to advise him that if he did not testify, he would be convicted of second-degree murder. The court also found that Rivera's trial counsel failed to recognize and explain to Rivera that if he did not testify, he would be waiving his right to present his claim of self-defense.The State of Rhode Island appealed the trial court's decision, arguing that the trial court erred in finding that Rivera's trial counsel was ineffective. The Supreme Court of Rhode Island affirmed the trial court's decision, holding that Rivera's trial counsel's performance was deficient and that this deficiency prejudiced Rivera's defense. The court found that Rivera's trial counsel failed to advise him that if he did not testify, he would be convicted of second-degree murder. The court also found that Rivera's trial counsel failed to recognize and explain to Rivera that if he did not testify, he would be waiving his right to present his claim of self-defense. View "Rivera v. State of Rhode Island" on Justia Law

This case arises from an automobile accident involving Lauren Barnes and Nancy Hodys, where both parties sustained serious injuries and neither has any memory of the accident. A syringe was found in Barnes' car and her urine later tested positive for opioids and benzodiazepines. Barnes filed a complaint against Hodys alleging her negligence caused the collision, while Hodys filed a complaint against Barnes alleging her negligence and intoxication caused the accident.Barnes engaged Dr. David M. Benjamin as an expert witness, who concluded that it was "not possible to determine" whether Barnes' post-accident impairment was caused by head trauma, controlled substances, or medication. However, during deposition, Dr. Benjamin changed his previous opinion, stating that a combination of drugs and brain injury was the most likely explanation for Barnes' impairment. After the deposition, Barnes' counsel learned that Dr. Benjamin had a type of cancer, which along with the medication he was taking, caused him confusion, memory issues, and fatigue. Barnes then filed a motion to replace Dr. Benjamin due to his medical unavailability, which was denied by the lower court.The Supreme Court of Rhode Island found that the trial court erred by not providing a rationale for its decision denying Barnes' motion to modify the scheduling order and replace her expert witness. The Supreme Court held that a reasoned exercise of discretion requires some explanation, which was not provided in this case. Therefore, the court quashed the order of the lower court and remanded the case back to that tribunal with instructions to conduct a meaningful analysis of the issues raised, consistent with the Supreme Court's opinion. View "Barnes v. Hodys" on Justia Law

The Supreme Court quashed the decision of the superior court granting Defendant's motion to compel production of a complete, unreacted copy of a settlement agreement between Plaintiffs and the former codefendants who settled Plaintiffs' claims, holding that the trial justice abused her discretion in granting Defendant's motion.In granting Defendant's motion to compel production, the trial justice concluded that the amount paid in accordance with the settlement agreement was not discoverable "pursuant to Rhode Island and federal law." When Plaintiffs failed to comply with the order the superior court granted Defendant's motion to dismiss. The Supreme Court quashed the decision below and remanded the case, holding that the trial justice abused her discretion in granting Defendant's motion to compel production of a complete, unreacted copy of the settlement agreement. View "Noonan v. Sambandam" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of Roger Williams Medical Center (RWMC) in this case alleging medical malpractice and negligent credentialing claims, holding that there was no error in the proceedings below.On appeal, Plaintiff argued that the motion justice erred in granting RWMC's motion for summary judgment on the ground that Plaintiff could not prove his negligent credentialing and medical malpractice claims without expert testimony. The Supreme Court affirmed, holding (1) expert testimony was required to prove Plaintiff's apparent agency claim against RWMC, and because Plaintiff failed to provide expert testimony, RWMC could not be held liable under an agency theory; and (2) Plaintiff's inability to present expert testimony establishing the standard of care applicable to RWMC in credentialing its doctors was fatal to Plaintiff's negligent credentialing claim. View "Dockray v. Roger Williams Medical Center" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of Defendants in this dental malpractice action following the grant of Defendants' motion for summary judgment, holding that the superior court correctly found that Plaintiff's complaint was time-barred.Plaintiff filed a dental malpractice claim against Defendants, and Defendants filed answers asserting affirmative defenses related to the statute of limitations. The superior court granted summary judgment and final judgment in favor of Defendants, determining that Plaintiff's complaint was not timely filed. The Supreme Court affirmed, holding that Plaintiff's dental malpractice claims against Defendants were time-barred. View "Smith v. Paquette" on Justia Law

The Supreme Court affirmed the judgment and order of the superior court reversing a decision and order of the Rhode Island Department of Health (DOH) Board of Medical Licensure and Discipline (the Board) that required Plaintiff to complete a competence assessment program and fitness for duty evaluation before returning to the practice of medicine, holding that the trial justice did not err.The DOH and the Director of the DOH sought review of the superior court's decision reversing the Board's order requiring Plaintiff, who sought to reenter practice after signing an agreement to cease practice, to complete a competence assessment program and fitness for duty evaluation. The Supreme Court affirmed, holding that the trial justice (1) did not err in finding that the Board's decision was arbitrary, capricious, and not supported by sufficient evidence; and (2) did not err in declining to remand the case to the Board for further proceedings. View "Kyros v. R.I. Department of Health" on Justia Law

The Supreme Court vacated the partial final judgment of the superior court in favor of Defendants - Visconti, Boren & Campbell Ltd. and Richard Boren - in this legal malpractice action, holding that the summary judgment granted for Defendants on the basis of the determination that Boren did not owe a duty to Plaintiff was in error.In his complaint, Plaintiff alleged that Defendants committed legal malpractice in drafting his antenuptial agreement and in rendering advice related to both the antenuptial and a postnuptial agreement. The trial justice granted summary judgment in favor of Defendants on the narrow issue of Boren's duty in drafting the two agreements. Thereafter, the trial justice granted Plaintiff's motion for entry of partial summary judgment. The Supreme Court vacated the judgment below, holding that the specific question in Plaintiff's motion for partial summary judgment was a question of contract interpretation that was inappropriate for determination on summary judgment. View "DeCurtis v. Visconti, Boren & Campbell Ltd." on Justia Law

The Supreme Court affirmed the judgment of the superior court denying Appellant's administrative appeal from a decision of the Rhode Island Department of Health (DOH) in favor of the DOH director, Board of Examiners in Dentistry of the DOH, and the DOH, holding that the trial justice did not err.The Board imposed sanctions upon Appellant John F. Begg, D.D.S. for violations of R.I. Gen. Laws 5-31.1-10(19), (23), and (24) and sections 25.1.1, 27.1(s), 27.1(x), and 27.1(w) of DOH's rules and regulations pertaining to dentists, dental hygienists, and dental assistants. The trial justice affirmed the Board's decision. The Supreme Court affirmed, holding (1) the DOH had subject matter jurisdiction over the administrative proceedings; (2) the Board did not utilize the subpoena power provided to it by R.I. Gen. Laws 5-31.1-4 and 5-31.1-14 in its request for patient healthcare information, nor was it required to do so; and (3) legally competent evidence existed to support the sanctions imposed by the Board. View "Begg v. Alexander-Scott" on Justia Law

The Supreme Court vacated the judgment of the superior court in favor of Rhode Island Resource Recovery Corporation (Resource Recovery) in the amount of $5,733,648.18, inclusive of interest, on Resource Recovery’s claims of professional malpractice and breach of contract, holding that the trial justice erred in failing to grant Restivo Monacelli LLP’s (Restivo) motion for judgment as a matter of law.Although Restivo raised numerous contentions as to alleged error by the trial justice, the Supreme Judicial Court on appeal focused its inquiry only on Restivo’s contention that the trial justice erred in denying its motion for judgment as a matter of law because expert testimony with respect to proximate cause was required but was not presented by Resource Recovery. The Supreme Judicial Court agreed with Restivo, holding that expert testimony on the issue of proximate cause was required in this case, and Resource Recovery did not provide the required expert testimony as to proximate cause. View "Rhode Island Resource Recovery Corp. v. Restivo Monacelli LLP" on Justia Law