Woman 0-for-2 with her Lawsuits

Christina Cole

Contributor

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Rhode Island Supreme Court recently upheld a Superior Court decision that a Providence law firm wasn't to blame for a woman losing her medical malpractice lawsuit.

Released Monday, the order, says Lois Gullage did not adequately prove her case against Bowerman and Taylor Guretin.

The suit alleges the firm did not return her x-rays, which in turn prevented her from acquiring an expert witness for her medical malpractice suit against Rhode Island Hospital. Bowerman and Guertin represented the hospital which was dismissed because she did not have an expert witness which is necessary in a medical malpractice case.

Rhode Island Hospital was granted summary judgment on October 26, 2004 and the case against Bowerman and Guertin was filed that same day.

"Irrespective of the timing of the defendant's possession of the x-rays in question, the failure to either return them to the plaintiff or to inform her that it had returned them to (MGH Image Service Center) does not provide the plaintiff with a recognizable cause of action," the order says.

Gullage had requested the x-rays on Sept. 4, 2004. A letter from MGH said they were not located in the proper folder as of Nov. 18, 2004.

The firm was able to produce a letter of return dated Oct. 8, 2004, and a canceled check date June 6, 2004, seven months before MGH claimed they had not received payment.