Jean Ho-Rath et al. v. Rhode Island Hospital et al.

Summary

The Rhode Island Supreme Court considered whether Rhode Island General Laws § 9-1-14.1(1) permits medical-malpractice claims to be filed on behalf of a minor at any time before the minor reaches majority, or requires filing within three years of the occurrence or discovery of malpractice. The court held that a parent or guardian must file suit on the minor’s behalf within three years, after which the minor may file personally within three years of reaching majority. The court affirmed dismissal of the minor’s claims but held that the parents’ derivative loss-of-consortium claims could remain viable when the minor later pursues her claims.

Holdings

1. Section 9-1-14.1(1) gives a minor plaintiff two alternatives: a parent or guardian may file suit on the minor's behalf within three years of the occurrence or reasonable discovery of the malpractice; if no such action is filed within that period, the minor may file on the minor's own behalf only after reaching the age of majority, with three years thereafter to commence the action.
2. A parent's derivative loss-of-consortium claim arising from a minor's medical-malpractice injury is governed by the same limitations period as the minor's underlying claim and is tolled alongside the minor's claim. Although the parents' claims were properly dismissed from the present action, they may be asserted with the minor's later action if the minor elects to sue after reaching majority.

Questions Presented

1. Whether G.L. 1956 § 9-1-14.1(1) permits a minor's parent or guardian to file a medical-malpractice action on the minor's behalf at any time before the minor reaches majority, even when no action was filed within three years of the alleged malpractice.
2. Whether, when no medical-malpractice action is filed on behalf of a minor within three years of the alleged malpractice, the minor may sue only after reaching majority and then within three years thereafter.
3. Whether a parent's derivative loss-of-consortium claim concerning an injured minor is tolled alongside the minor's medical-malpractice claim and may be joined with the minor's later action.

Disposition

affirmed