Supreme Court Reinstates Johnston Couple's Medical Malpractice Claim
Providence, July 1, 2009 -- The Rhode Island Supreme Court reinstated the negligence claims of a Johnston couple against Atwood Medical Associates, Inc. At trial, the Providence County jury was not permitted to consider the claim that Atwood, a large primary care practice, failed to provide adequate back-up for its on call physicians. Decof & Decof lawyer Howard B. Klein successfully argued on appeal that the trial judge erred in removing the claim from the jury's consideration. The Supreme Court determined that the expert testimony at trial supported the claim that Atwood did not have adequate coverage and that proper coverage would have prevented the plaintiff's injuries. The Supreme Court ordered a new trial.
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