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O'Sullivan v. Rhode Island Hospital5/26/2005
The appeal in this wrongful death case requires us to consider the applicability of the specific statute of limitations that is an integral part of our wrongful death statute against the background of a most unusual series of events that preceded the tragic death of the plaintiff's decedent. The result that we reach in this case is a function of the highly unusual fact pattern that is set forth in the record; we have dealt with that fact pattern with our attention constantly fixed on the relevant statutory language as construed pursuant to established principles of statutory construction.
This case first came before this Court on February 5, 2004, in accordance with an order directing both parties to show cause why the issues on appeal should not be summarily decided. After considering the arguments of counsel at that show-cause hearing, we determined that cause had been shown; and the case was therefore placed on the regular calendar for full briefing and argument. After considering the briefs that have been submitted and the oral arguments of counsel, we now reverse and remand the case for a trial on the merits.
Facts and Travel
The plaintiff, Thomas Noel O'Sullivan, is the widower of Julia Mary Walsh O'Sullivan, who died of pneumonia at the age of thirty-four, leaving three young children (Kieran O'Sullivan, Clodagh O'Sullivan, and Aoife O'Sullivan).
On February 8, 1999, Mrs. O'Sullivan was taken by ambulance to Newport Hospital, complaining of nausea, vomiting, decreased appetite and persistent fever. Before she was discharged from Newport Hospital that same day, she was rehydrated with a saline solution, and diagnostic tests were performed by that hospital.
The next day, Mrs. O'Sullivan was again transported by ambulance to Newport Hospital, with worsening symptoms. She was rehydrated as she had been on the previous day, but no new diagnostic tests were performed, and she was again discharged.
On February 11, 1999, Mrs. O'Sullivan was taken to Newport Hospital for a third time. Her symptoms were even worse than before, and this time she was admitted to Newport Hospital as a patient. While hospitalized, she was for the first time diagnosed as suffering from severe bilateral pneumonia and severe neutropenia.
On February 12, 1999, Newport Hospital transferred Mrs. O'Sullivan to Rhode Island Hospital. She spent almost three weeks in the intensive care unit of Rhode Island Hospital, and she eventually died there on March 1, 1999.
Mrs. O'Sullivan's husband promptly obtained legal counsel in connection with his wife's untimely death; and on April 1, 1999, his attorney made a request to Rhode Island Hospital for Mrs. O'Sullivan's medical records. On June 8, 1999, plaintiff received from Rhode Island Hospital an "abstract" of the medical records. On June 28, 1999, having made a further request, plaintiff received the complete medical records from Rhode Island Hospital -- including an autopsy report, which indicated that the "direct cause" of Mrs. O'Sullivan's death was "likely due to the bilateral bronchopneumonia and ARDS [Acute Respiratory Distress Syndrome]."
On November 4, 1999, plaintiff filed a wrongful death action against Newport Hospital and certain physicians affiliated with that hospital. But no action was commenced against the Rhode Island Hospital defendants until June 6, 2002 (more than three years after the date of Mrs. O'Sullivan's death, but less than three years after plaintiff received the abstract of Rhode Island Hospital's medical records).
After they were served, the Rhode Island Hospital defendants moved to dismiss the case under Rule 12(b)(6) of the Su
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