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Pierce v. Rhode Island Hospital6/2/2005
In the case now before us, an arbitrator amended his award after he was notified of an applicable statutory provision specifying the manner in which interest should be calculated in medical malpractice cases. The Superior Court then granted the defendant's motion to confirm the amended award. The plaintiff timely appealed the order of confirmation.
This case came before the Supreme Court for oral argument on May 11, 2005, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be decided summarily. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown, and proceed to decide the appeal at this time.
I. Facts and Travel
On January 3, 2001, John T. Pierce (John), a two-and-a-half-year-old child, was taken to the hospital to have a cast removed from his leg. As the doctor was removing the cast, John began to cry, scream, and yell. John's mother, Cheryl Pierce (plaintiff), was advised to hold the child down while the cast was being removed. Upon removal, abrasions and burns were visible on his leg. As a result of these injuries, the child sustained permanent scarring in three areas measuring between two and one-half and three centimeters long, by one-half to three-quarters of a centimeter wide.
The plaintiff filed a lawsuit in Superior Court individually and on behalf of her minor son against Rhode Island Hospital, d/b/a Hasbro Children's Hospital (defendant). The plaintiff alleged that defendant was negligent in removing the cast and sought damages for scarring and pain and suffering. In addition, plaintiff filed a loss of consortium claim on her own behalf. After beginning discovery, the parties consented to liability and agreed to submit the issue of damages to binding arbitration.
On September 3, 2004, an arbitration proceeding was held; it was rather informal. The arbitrator observed the scars on John's leg and took some measurements. During this proceeding, plaintiff advised the arbitrator of her loss of consortium claim. In response, the arbitrator questioned plaintiff about her recollection of the incident, but she was unable to recall any details. After the proceeding, the arbitrator faxed to both parties the award in the amount of $18,800 for damages sustained as a result of the incident. In addition, he added statutory interest in the amount of $8,272, resulting in an aggregate award of $27,072. The claim for loss of consortium was denied.
Shortly thereafter, defendant's attorney called the arbitrator's office and inquired of his assistant concerning the manner in which the statutory interest was calculated. Both parties subsequently received an amended arbitration award reducing the statutory interest awarded to plaintiff to $5,264, in accordance with G.L. 1956 § 9-21-10, which resulted in a revised aggregate award of $24,064. The amended award again indicated that the loss of consortium claim was denied. The defendant then filed a motion pursuant to G.L. 1956 § 10-3-11 to confirm the amended arbitration award.
After the Superior Court confirmed the amended award, plaintiff brought this appeal challenging the validity of the amended award in addition to the arbitrator's denial of her consortium claim. For the reasons stated below, we affirm the judgment of the Superior Court.
II. Discussion
As we consistently have acknowledged, "the role of the judiciary in the arbitration process is 'extremely limited.'" Purvis Systems, Inc. v. American Systems Corp., 788 A.2d 1112, 1114 (R.I. 2002) (quoting Romano v. Allstate Insurance Co., 458 A.2d 339, 341 (R
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