Pitre v. Curhan, 00-0053 (2001)

This matter is before the Court on the defendants' Motion for Order declaring R.I. Gen. Laws § 5-37.3-4(b)(8)(ii) unconstitutional. The defendants,1 all litigants in pending medical malpractice actions, are challenging the constitutionality of the statute's prohibition on disclosure by a health care provider, through ex parte contacts, of a patient's confidential health care information. The defendants seek to have R.I. Gen. Laws § 5-37.3-4(b)(8)(ii) declared unconstitutional or, in the alternative, deemed waived in the pending actions. For purposes of this motion, the cases have been…