Leger v. Gerety

ATTREP, Judge (dissenting).

{58} Because I believe we can and should give effect to the Legislature's choice of the words "patient's claim" in Section 41-5-12, I conclude that the assignment of the equitable indemnification claim4 to Leger is not barred by the MMA. The majority having concluded to the contrary, I respectfully dissent.

{59} The issue here is whether the Legislature intended to differentiate between "malpractice claims" and "patient's claims" in the MMA such that the use of the latter term in Section 41-5-12 (the non-assignability provision) was meant to restrict the…