Rhode Island Pre-Suit Expert Merit Framework (no statutory COM required)

RHODE ISLAND PRE-SUIT EXPERT MERIT FRAMEWORK

Internal Counsel Work Product — Not Filed with the Court

ATTORNEY WORK PRODUCT — PRIVILEGED AND CONFIDENTIAL

Not Subject to Disclosure under R.I. Super. R. Civ. P. 26(b)(3)

SECTION 1 — CASE IDENTIFICATION

Client/Patient Name: [_______________________________________]

Date(s) of Alleged Negligent Care: [__/__/____] to [__/__/____]

Date Plaintiff Discovered (or Reasonably Should Have Discovered) the Injury: [__/__/____]

Statute of Limitations Run-Date Calculation (R.I.G.L. § 9-1-14.1):

☐ Three (3) years from date of incident: [__/__/____]
☐ Three (3) years from discovery (if discovery rule applies): [__/__/____]
☐ Plaintiff is/was a minor — action may be brought up to age 21: target file date [__/__/____]
☐ Plaintiff was under mental incapacity disability — 3 years from removal: target file date [__/__/____]

File-By Deadline (most conservative): [__/__/____]

SECTION 2 — PROVIDER AND FACILITY IDENTIFICATION

Facility (Hospital / Practice Group): [____________________________________________]

Type: ☐ General Hospital ☐ Specialty Hospital ☐ Ambulatory Surgical Center ☐ Federally Qualified Health Center ☐ Outpatient Practice ☐ Skilled Nursing Facility ☐ Other: [__________]

Insurance Carrier (if known): [____________________________________________]

SECTION 3 — RECORDS COLLECTION CHECKLIST

☐ Complete medical records from each Defendant provider (request via R.I.G.L. § 5-37.3 — Confidentiality of Health Care Communications and Information Act, with HIPAA-compliant authorization)
☐ Complete hospital records (admission through discharge), including:
☐ History and physical
☐ Physician orders
☐ Progress notes (all disciplines)
☐ Nursing notes / flowsheets / MAR
☐ Operative reports
☐ Anesthesia records
☐ Pathology reports
☐ Radiology reports AND DICOM images
☐ Laboratory results
☐ Discharge summary
☐ Telemetry / fetal monitoring strips (if applicable)
☐ Code blue / rapid response documentation
☐ Audit trail / EHR metadata
☐ Pre-incident records (prior 5-7 years) showing baseline health
☐ Post-incident records showing corrective care and ongoing damages
☐ Pharmacy records
☐ Imaging from non-defendant providers
☐ Autopsy report (if applicable)
☐ Death certificate (if applicable)
☐ Rhode Island Board of Medical Licensure and Discipline disciplinary history (riag.ri.gov / health.ri.gov)
☐ National Practitioner Data Bank query (if obtainable)
☐ R.I. Department of Health malpractice settlement listings (health.ri.gov/lists/malpractices)
☐ State and federal court litigation history (Pacer / RI Judiciary)

SECTION 4 — SCREENING EXPERT IDENTIFICATION

Reviewing Expert Name: [_______________________________________]

Specialty / Subspecialty: [_______________________________________]

Board Certification(s): [_______________________________________]

Current Practice / Academic Appointment: [_______________________________________]

State(s) of Licensure: [_______________________________________]

CV on File: ☐ Yes ☐ No

Qualification Under R.I. Gen. Laws § 9-19-41

R.I. Gen. Laws § 9-19-41 provides that in any malpractice action against a licensed physician, hospital, clinic, HMO, professional service corporation, dentist, or dental hygienist, "only those persons who by knowledge, skill, experience, training, or education qualify as experts in the field of the alleged malpractice shall be permitted to give expert testimony as to the alleged malpractice."

The Rhode Island Supreme Court in Sheeley v. Memorial Hospital, 710 A.2d 161 (R.I. 1998), expressly REJECTED any rule requiring same-specialty matching; the expert must merely demonstrate sufficient knowledge, skill, experience, training, or education in the field at issue.

Qualification Basis (check all that apply):

☐ Knowledge — formal academic and clinical knowledge in [SPECIALTY]: [_______________]
☐ Skill — clinical performance of the procedures/decisions at issue: [_______________]
☐ Experience — [____] years of clinical practice in [SPECIALTY]; estimated [___] cases per year similar to instant case
☐ Training — residency in [_______________]; fellowship in [_______________]
☐ Education — degrees, certifications, CME directly relevant: [_______________]

Conflict Check:

☐ Expert has no current or prior treatment relationship with Plaintiff
☐ Expert has not previously been engaged by Defendant providers or carrier
☐ Expert is not affiliated with the Defendant facility
☐ Expert has reviewed and disclosed any prior testimony in adverse cases

SECTION 5 — EXPERT'S MERIT OPINION

Materials Reviewed (list with Bates ranges or descriptions):

1. [_______________________________________]
2. [_______________________________________]
3. [_______________________________________]
4. [_______________________________________]

Opinion 1 — Standard of Care

The standard of care applicable to a [SPECIALTY] practitioner in Rhode Island and similar communities, treating a patient presenting with [CLINICAL PRESENTATION], required the practitioner to:

[_____________________________________________________________________________________
_____________________________________________________________________________________]

Opinion 2 — Breach

Defendant [PROVIDER] breached the standard of care in the following specific respects:

a. [_______________________________________]
b. [_______________________________________]
c. [_______________________________________]

Opinion 3 — Causation

Each breach identified above, individually and in combination, was a substantial factor in causing the following injuries:

a. [_______________________________________]
b. [_______________________________________]

The opinion is offered to a reasonable degree of medical certainty / probability.

Opinion 4 — Reasonable Probability of Better Outcome

Had the standard of care been met, it is more likely than not that:

[_____________________________________________________________________________________
_____________________________________________________________________________________]

Reviewing Expert Confirmation

I, the undersigned, after reviewing the materials listed above, confirm that the foregoing opinions are mine, are stated to a reasonable degree of medical [probability/certainty], and that this case has substantial expert support sufficient to support the filing of a complaint consistent with R.I. Super. R. Civ. P. 11.

________________________________________
[EXPERT NAME], M.D./D.O./[other]
Date: [__/__/____]

SECTION 6 — RULE 11 / COUNSEL CERTIFICATION

R.I. Super. R. Civ. P. 11 requires that every pleading be signed by an attorney of record, and the signature certifies that to the best of the attorney's knowledge, information, and belief formed after reasonable inquiry, the pleading is well grounded in fact and warranted by existing law.

Pre-Filing Counsel Certification:

I, the undersigned, an attorney duly admitted to practice before the courts of Rhode Island, certify that:

1. I have personally reviewed the medical records identified above;
2. I have consulted with a qualified expert (see Section 4) who has reviewed those records and rendered the opinions in Section 5;
3. I have evaluated the applicable statute of limitations and discovery rule under R.I.G.L. § 9-1-14.1;
4. The contemplated complaint is well grounded in fact and warranted by existing law;
5. The complaint is not interposed for any improper purpose;
6. I have considered alternative dispute resolution options, the strength of liability and damages, and the resources required to prosecute the case to verdict.

________________________________________
[ATTORNEY NAME], Esq. (R.I. Bar No. [_______])
[FIRM NAME]
Date: [__/__/____]

SECTION 7 — DAMAGES SCREENING

SECTION 8 — JURISDICTIONAL / VENUE SCREENING

☐ Cause of action arose in Rhode Island
☐ All defendants subject to personal jurisdiction in RI
☐ Federal diversity / removal risk evaluated:
☐ All plaintiffs and all defendants — citizenship analysis
☐ Federal question (e.g., FTCA against VA / federally qualified health center) — see 42 U.S.C. § 233
☐ Federally Qualified Health Center / federally deemed provider check (FTCA notice required to HHS BEFORE suit if applicable — different track)
☐ Government / public hospital tort claim notice (R.I.G.L. § 9-31 et seq. and § 45-15-5 if municipality)
☐ Venue selection among Providence/Bristol, Kent, Washington, Newport divisions

SECTION 9 — DEFENDANT IDENTIFICATION COMPLETENESS

☐ All treating physicians of the relevant period identified
☐ Hospital(s) and practice group(s) identified
☐ Nursing staff (RN/LPN) identified to the extent reflected in records
☐ PA / NP / CRNA / midwife identified
☐ Radiology / pathology / laboratory readers identified
☐ Consulting specialists identified
☐ Apparent agency relationships analyzed (especially for ER and contract physicians)
☐ Corporate parent / management entity analyzed

SECTION 10 — PRE-SUIT NOTICES (NONE REQUIRED, BUT EVALUATE)

Rhode Island does NOT require a pre-suit notice of intent to sue. However, evaluate:

☐ Whether a demand letter to the carrier may produce early settlement
☐ Whether tolling agreement is appropriate where SOL is close
☐ Whether Federal Tort Claims Act § 2675(a) administrative claim is required (federally deemed providers, VA, military)
☐ Whether municipal/state tort claim statutes apply

SECTION 11 — FINAL FILE-OR-DECLINE DECISION

☐ APPROVED FOR FILING — All elements supported, statute of limitations protected, Rule 11 satisfied
☐ APPROVED FOR PRE-SUIT DEMAND — Sufficient merit to negotiate; SOL adequately protected to allow demand period
☐ DECLINED — Insufficient liability, insufficient damages, statute of limitations barred, conflict, or other reason: [_______________]

Signed by Lead Counsel:

________________________________________
[ATTORNEY NAME], Esq.
Date: [__/__/____]

Signed by Reviewing Partner (if applicable):

________________________________________
[PARTNER NAME], Esq.
Date: [__/__/____]

Sources and References

• R.I. Gen. Laws § 9-19-41 — Expert witnesses in malpractice cases
• R.I. Gen. Laws § 9-1-14.1 — Limitation on medical malpractice actions
• R.I. Gen. Laws § 5-37.3 — Confidentiality of Health Care Communications and Information Act
• R.I. Super. R. Civ. P. 11 — Signing of pleadings
• R.I. Super. R. Civ. P. 26 — Disclosure of expert testimony
• Sheeley v. Memorial Hospital, 710 A.2d 161 (R.I. 1998) (rejecting strict same-specialty rule for experts)
• Wilkinson v. Harrington, 243 A.2d 745 (R.I. 1968) (discovery rule)
• Anthony v. Abbott Laboratories, 490 A.2d 43 (R.I. 1985) (extension of discovery rule)
• R.I. Department of Health: https://health.ri.gov/lists/malpractices

DISCLAIMER: Rhode Island imposes no statutory certificate of merit, affidavit of merit, or pre-suit expert filing requirement. This document is provided as an internal counsel-side framework to satisfy R.I. Super. R. Civ. P. 11 and to evaluate expert qualifications under R.I.G.L. § 9-19-41. It is NOT to be filed with the Court. Verify the current text of all cited statutes and case law before relying on this framework.