Byline: R.I. Lawyers Weekly Staff
Where a plaintiff who filed a medical malpractice complaint has moved to add a wrongful death claim, the defendants have failed to demonstrate any prejudicial effect from allowing the amendment, so the motion should be allowed.
"Before this Court for decision is Michelle Pickering's (Plaintiff) Motion for Second Amended Complaint; Robert Marchand, M.D. (Dr. Marchand) and Ortho Rhode Island's (collectively, Defendants) Motion to Dismiss; and South County Hospital, South County Home Health, and South County Health Orthopedic Center's (collectively, South County Defendants) Motion for Summary Judgment.
"This is a medical malpractice action arising from a surgery performed by Dr. Marchand on Fred Pickering (Mr. Pickering) on January 28, 2015. ... Plaintiff is the surviving spouse of Mr. Pickering and brings this action on behalf of herself and her late husband's estate.
"On February 3, 2019, Plaintiff filed the original Complaint in this action. In the Complaint, Plaintiff alleged three causes of action: negligence, medical battery, and breach of contract. On June 14 and June 19, 2019, all named Defendants responded to the Complaint with motions for more definite statement. Thereafter, on November 15, 2019, Plaintiff filed a Motion to Amend the Complaint which was granted by rule of court on February 5, 2020.
"On January 6, 2020, the South County Defendants filed a Motion for Summary Judgment and on January 7, 2020, Dr. Marchand and Ortho Rhode Island filed a Motion to Dismiss.
"After these motions were filed, Plaintiff filed a Motion for a Second Amended Complaint seeking to add a wrongful death claim against all named Defendants, as well as additional allegations regarding the discovery of the act(s) giving rise to the medical malpractice claims.
"Plaintiff's proposed Second Amended Complaint...