Ho-Rath v. Rhode Island Hospital

Plaintiffs initiated a medical malpractice suit against numerous medical organizations and professionals twelve years after their daughter, Yendee, was born with a genetic disorder. Plaintiffs alleged negligence in the diagnosis and treatment relating to Yendee’s genetic disorder and also asserted their own claims for loss of consortium. The superior court granted Defendants’ motion to dismiss, concluding (1) Plaintiffs’ claims were barred by the statute of limitations set forth in R.I. Gen. Laws 9-1-14.1; and (2) in light of Yendee’s status as a minor, the tolling provision in section 9-1-14.1(1) would allow Yendee to file suit in the future on her own behalf upon reaching the age of majority, but Yendee’s parents would not be permitted to attach their loss-of-consortium claims to Yendee’s future suit. The Supreme Court affirmed, holding (1) under section 9-1-14.1(1), a minor’s parent or guardian may file suit on the minor’s behalf within three years of the occurrence or reasonable discovery of alleged malpractice, or the minor may file suit on her own behalf, but not until she reaches the age of majority; but (2) Plaintiffs’ claims may be asserted alongside Yendee’s claims if she elects to file suit upon reaching the age of majority. View "Ho-Rath v. Rhode Island Hospital" on Justia Law