ATTORNEYS

PRACTICE SUMMARY

Jason is an experienced trial attorney who focuses his trial practice on medical malpractice defense and other civil litigation. He has successfully represented clients, obtaining a significant number of favorable verdicts, as trial counsel in state and federal courts in Rhode Island and Massachusetts. 

Jason also advises medical practices, practitioners and hospitals on a wide variety of health care issues and represents hospitals, physicians, nurses, and other health care providers in Rhode Island and Massachusetts Courts and before administrative licensing boards.  In addition, Jason advises the firm’s clients regarding intellectual property issues and electronic commerce.

Prior to joining Roberts, Carroll, Feldstein & Peirce, Jason was the Director of Finance for a Rhode Island Non-Profit Organization dedicated to the distribution of anti-viral drugs in developing nations.

Jason was selected for inclusion on the list of Rhode Island Rising Stars by Super Lawyers in 2010, 2011, 2012, 2013, 2014, 2015 and 2016.

Representative Matters

  • Appeared as defense trial counsel in jury trials representing a number of medical practitioners and health care institutions in the Rhode Island Superior Court and the United States District Court.
  • Drafted numerous policies and procedures Health System’s operations, including, Caregiver Advise, Record, Enable (CARE) Act Policy, Peer Review Policy, Advance Directive Policy, Life Sustaining Treatment Policy, General and Informed Consent Policies.
  • Advised multiple hospital systems comprising majority of hospitals in Rhode Island regarding implementation of the federal Patient Safety and Quality Improvement Act of 2005 and the Rhode Island Patent Safety Act. Advised hospitals regarding their obligations under the Emergency Medical Treatment and Active Labor Act (EMTALA).
  • Obtained a defense verdict for his client in toxic mold litigation while prevailing on the client’s counterclaim, obtaining jury verdict for breach of contract.
  • Draft, review and negotiate a broad range of agreements, including software license, maintenance, cloud computing, PaaS, SaaS, professional/technology services, and procurement contracts.
  • Engaged in appellate briefing and oral arguments yielding representative published decisions from the First Circuit Court of Appeals and the Rhode Island Supreme Court.  Some of his representative appellate decisions include:
    • Crowe vs. Marchand, 506 F.3d 13 (1st Cir. 2007)
    • Rhode Island Managed Eye Care, Inc. vs. Blue Cross Blue Shield, 996 A.2d 684 (R.I. 2010)
    • Providence Lodge No. 3 vs. PERA, 951 A.2d 497 (R.I. 2008)
    • Gaumond vs. Trinity Repertory Co., 909 A.2d 512 (R.I. 2006). 
  • Successfully litigated a property tax dispute on behalf of historical preservation society against local town.
  • Negotiated and closed client’s purchase of the assets of software company including due diligence, preparation of the letter of intent, drafting of the asset purchase agreement and all agreements transferring the seller’s intellectual property to the firm’s client.
  • Negotiated and executed $7M sale of client’s two entities including facilitation of buyer’s due diligence, negotiation and drafting of Asset Purchase, Assignment and Assumption, Indemnification, Trademark and Web Domain Transfer Agreements.
  • Served as outside counsel for social networking company. Guided the company through maze of intellectual property protections and drafted its product licensing agreements, provider service agreements, independent contractor and employee agreements.  Secured trademark, copyright and other intellectual property protections and drafted site terms of service and privacy policies

Speaking Engagements Or Publications

  • Informed Consent: Medical, Legal, and Practical Considerations, Kent Hospital, October 13, 2016
  • Informed Consent, Memorial Hospital, September 29, 2016
  • Reporting Protected Health Information to Law Enforcement, L+M Westerly Hospital, April 30, 2014
  • Medical Battery and the Law of Informed Consent, Kent Hospital, June 23, 2013
  • Inside the World of Medicine: Medical Malpractice, Brown University Medical School, March 13, 2013
  • Applying the Rules of Evidence: What Every Attorney Needs to Know, National Business Institute, February 21, 2013
  • Informed Consent for Medical Practice Administrators, Women & Infants Hospital Practice Managers Conference, November 1, 2011; Kent Hospital Practice Managers Conference, June 14, 2011.
  • Medical Battery, Kent Hospital Risk Management Educational Session, April 14, 2011.
  • Your Practice and RI Mental Health Law: Navigating the Waters, Rhode Island Psychological Association, April 8, 2011.
  • Appearing Before the Rhode Island Board of Medical Licensure and Discipline, Kent Hospital Risk Management Educational Session, March 10, 2011.
  • Anywhere But Here: How to Save Yourself from a Disastrous Deposition, Rhode Island Hospital, Lifespan Department of Risk Management, November 17, 2010.
  • Electronic Medical Records, 6th Annual Risk Management Pediatric Conference: Women & Infants Hospital, November 7, 2009.
  • E-Discovery: Now What?: National Business Institute, October 21, 2008.