Legal Opinion

Bennett v. Kent County Memorial Hospital

District Court, D. Rhode Island

Decided June 10, 2009No. C.A. 07-163MLPublished

1Opinion of the Court

OPINION AND ORDER

MARYM. LISI, Chief Judge.

The question before this Court is whether the Rhode Island peer-review privilege, set forth in R.I. Gen. Laws §§ 23-17-25(a) and 5-37.3-7(c), applies in a medical negligence case in which the plaintiff has raised claims under the federal Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, as well as Rhode Island state law claims. The plaintiff, Lisa Bennett (“Bennett”), as Administratrix of the Estate of Ann Hall (“Hall”), has appealed from a magistrate judge’s order denying the plaintiffs motion to compel deposition testimony by the…

2Cases cited18 opinions

  1. Jaffee v. RedmondSupreme Court of the United States · 1996
  2. Correa v. Hospital San FranciscoCourt of Appeals for the First Circuit · 1995
  3. James Borden v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
  4. American Civil Liberties Union of Mississippi, Inc., Plaintiffs v. Cliff Finch, Governor of the State of MississippiCourt of Appeals for the Fifth Circuit · 1981
  5. Harold Summers v. Baptist Medical Center ArkadelphiaCourt of Appeals for the Eighth Circuit · 1996

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