§ 9-19-32. Informed consent a preliminary question.
In actions against physicians as defined in § 5-37-1(12), hospitals, clinics, health maintenance organizations, or professional service corporations providing health care services and organized under chapter 5.1 of title 7 for malpractice in providing treatment to patients, issues of informed consent or reasonable disclosure of all known material risks shall be initially considered by the court as preliminary questions of fact. Such issues shall be submitted to the jury by the court only in the event that it finds, after weighing the evidence and considering the credibility of the witnesses, that reasonable minds might fairly come to different conclusions in respect to such issues on the basis of the evidence presented and inferences to be drawn therefrom.
History of Section.P.L. 1976, ch. 244, § 7; P.L. 1977, ch. 77, § 1; P.L. 1978, ch. 149, § 3; P.L. 1997, ch. 326, § 70.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Section 9-19-1, 9-19-2. - Repealed.
Section 9-19-3. - Judicial notice of law of other states.
Section 9-19-4. - Information as to foreign law.
Section 9-19-5. - Determination made by court — Review.
Section 9-19-6. - Evidence of foreign law.
Section 9-19-7. - Law of foreign countries.
Section 9-19-8. - Uniformity of construction.
Section 9-19-10. - Entries and memoranda of decedent introduced for successor in title to decedent.
Section 9-19-12. - Statements and releases by patients in personal injury cases.
Section 9-19-12.1. - Releases for personal injuries.
Section 9-19-13, 9-19-14. - Repealed.
Section 9-19-15. - Stenographic transcripts of testimony in superior court.
Section 9-19-16 - — 9-19-18. Repealed.
Section 9-19-19. - Finding of presumed death under federal Missing Persons Act.
Section 9-19-20. - Other documents under Missing Persons Act.
Section 9-19-21. - Prima facie validity of federal findings and certified copies.
Section 9-19-22. - Severability.
Section 9-19-23, 9-19-24. - Repealed.
Section 9-19-25. - Illegally seized evidence inadmissible.
Section 9-19-26. - Testimony in divorce, separation, and annulment proceedings.
Section 9-19-27.1. - Repealed.
Section 9-19-28. - Evidence of damage to property.
Section 9-19-32. - Informed consent a preliminary question.
Section 9-19-33. - Res ipsa loquitur in medical malpractice actions.
Section 9-19-34.1. - Collateral source rule in medical malpractice actions.
Section 9-19-35. - Failure to bill inadmissible in medical malpractice cases.
Section 9-19-36. - Advance payments inadmissible in medical malpractice cases.
Section 9-19-38. - Proof of life or work life expectancy.
Section 9-19-39. - Use of photostatic copies.
Section 9-19-40. - Records of the division of motor vehicles.
Section 9-19-41. - Expert witnesses in malpractice cases.
Section 9-19-42. - The Rhode Island rules of evidence.
Section 9-19-43. - Report of laboratory test.
Section 9-19-44. - Mediator confidentiality in mediation proceedings.