2009-04.

• Court: Rhode Island

Rhode Island Ethics Opinions 2009. 2009-04. RHODE ISLAND SUPREME COURT ETHICS ADVISORY PANEL Opinion No. 2009-04 Request No. No. 962IssuedAugust 6, 2009FACTS: The inquiring attorney represents a client in a pending lawsuit in which the client has alleged that he/she sustained injuries during surgery as a result of a physicians negligence. An issue in dispute is whether the surgery was necessary or otherwise indicated. The physicians medical records for the client indicate that the client made specific complaints. Such complaints justify the surgery. The client has claimed that he/she filled out a patient-history questionnaire at the initial office visit, and has denied that he/she included in the questionnaire the symptoms and complaints that appear in the physicians medical record. The physician has denied that the client filled out a patient-history questionnaire. The client has further denied having the symptoms that the medical records indicate he/she had. There is expert opinion to suggest that without the symptoms, the surgery was not indicated. The inquiring attorney wants to investigate the use of patient-history questionnaires in the physicians practice, but due to the confidential nature of medical records, the inquiring attorney is unable to obtain information about the use of patient-history questionnaires for other patients. The inquiring attorney proposes to place an advertisement in the newspaper asking other patients of the physician to contact the inquiring attorney concerning the use of patient-history questionnaires. A proposed advertisement was not submitted to the Panel. ISSUE PRESENTED: The inquiring attorney asks whether he/she may place an advertisement in the newspaper asking patients of the physician to contact the inquiring attorney about their experiences relating to the use of patient-history questionnaires. OPINION: The inquiring attorney may place an advertisement in...