A physician owes to his patient the duty to disclose in a reasonable manner all significant medical information that the physician possesses or reasonably should possess that is material to an intelligent decision by the patient whether to undergo a proposed procedure. Nevertheless, after a review of these cases, we find it clear that the trial justice did in fact abuse her discretion and commit reversible error in excluding the testimony of Dr. Leslie. SHEELEY V. MEMORIAL HOSPITAL • Sheeley sued Dr. Ryder and hospital in Rhode Island. national rule. Born and reared in Beaver Creek, the son of Isaiah and Mary Kinsey Sheeley. Contact. Sheeley v. Memorial Hospital, 710 A.2d 161, 166 (R.I. 1998). Sheeley v. Memorial Hospital. In the main, the facility's employees consist of registered nurses (RNs), licensed practical nurses (LPNs), and certified nurse's aides (CNAs). The operation was done negligently and she gave birth to a healthy baby. Furthermore defendants assert that Sheeley's expert is not competent to offer expert testimony on the appropriate standard of care because he has more specialized training than Dr. Ryder and because he lacks any recent experience in providing obstetric care. Thus many jurisdictions, including our own, adopted the “same or similar locality” rule, which allows for experts from similarly situated communities to testify concerning the appropriate standard of care. Nevertheless, as this Court has also opined, “To say, however, that the question is addressed to the trial justice's discretion does not mean that his ruling is not reviewable. Misuse and Modification a. Jones v. Ryobi, Ltd. (637, hand injured in printing press): Misuse and modification defeat a design defect claim. This is a consequence that we have never intended. For the foregoing reasons the plaintiff's appeal is sustained, and the judgment appealed from is reversed. See Buja, 688 A.2d at 818 (defense counsel argued obstetrician not qualified to testify concerning standard of care required of family practitioner performing obstetrical procedures);  Marshall, 677 A.2d at 426-27 (defense counsel argued physician skilled in pediatrics and family medicine not qualified to testify against physician certified in emergency and internal medicine when the alleged malpractice concerned treatment of animal bite). 801, 490 S.E.2d 509 (1997). Because the world is effectively getting smaller, jurisdictions are increasingly abandoning the "strict locality" rule that held physicians to standards of the local community, because that rule sometimes resulted in a "conspiracy of silence" in which local physicians wouldn't testify against one another (Sheeley v. Memorial Hospital). 710 A.2d 161 (1998) Shulman v. Group W Productions, Inc. 955 P.2d 469 (1998) Sides v. St. Anthony's Medical Center. This appeal ensued. 2. The appropriate standard of care to be utilized in any given procedure should not be compartmentalized by a physician's area of professional specialization or certification. 1998) 17. American Hospital Supply Corp. v. Hospital Products, Ltd. By Admin in forum Civil Procedure Case Briefs Replies: 0 Last Post: 05-21-2008, 09:38 PM. Sheeley v. Memorial Hospital , 710 A.2d 161 ( 1998 ) Rhode Island Supreme Court | Wednesday, April 8, 1998 | Cited 4 times; Flanagan v. Wesselhoeft , 712 A.2d 365 ( 1998 ) Rhode Island Supreme Court | Friday, May 22, 1998 | Cited 4 times; DiPetrillo v. Dow Chemical Co. , 729 A.2d 677 ( 1999 ) 258 S.W.3d 811 (2008) Soule v. General Motors Corp. 882 P.2d 298 (1994) State Farm Mutual Automobile Insurance Co. v. Campbell. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. This court will not disturb that decision in the absence of clear error or abuse. Furthermore, we note that in enacting § 9-19-41, the Legislature failed to employ any reference to the “similar locality” rule. Brian Jack, M.D. Sheeley v. Memorial Hospital, 710 A.2d 161, 167 (R.I. 1998). Learn More; Authorities (7) This opinion cites: Williams v. Bhoopathi, 474 So. Born June 12, 1928 in Hollywood, Calif., he was the son and the only child of the late Elmer Ellsworth and Mary Lee Sheeley. (Dr. Jack), was the faculty member responsible for the supervision of Dr. Ryder. The trial court did not allow Plaintiff’s expert witness to testify because he was not in family practice. Sheeley v. Memorial Hospital. address. The traditional locality rules no longer fit the modern medical malpractice cases. The defendants respond by arguing that Sheeley's appeal should be summarily dismissed for her failure to make an adequate offer of proof. At trial, the plaintiffs sought to introduce testimony of a board certified obstetrician. The email address cannot be subscribed. The Sheeley family name was found in the USA, the UK, Canada, and Scotland between 1840 and 1920. Internet Explorer 11 is no longer supported. On the contrary, we believe the focus in any medical malpractice case should be the procedure performed and the question of whether it was executed in conformity with the recognized standard of care, the primary concern being whether the treatment was administered in a reasonable manner. I think he's the inappropriate expert to testify in this case.”   Sheeley did not have any other experts prepared to testify, nor was she able to procure one within the two-day period allowed by the trial justice. Breckenridge, TX. Cf. (Goldberg, J.) We conclude that this omission was deliberate and constitutes a recognition of the national approach to the delivery of medical services, especially in the urban centers of this country, of which Rhode Island is certainly one. 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