Brian Allen Fielding is an engaged advocate committed to protecting the interests and rights of those he represents. Practice areas include representation of both plaintiffs and defendants in a broad scope of civil litigation and administrative actions.
Brian can assist with risk assessment and skillful denial of claims in anticipation of litigation and pre-litigation. When indicated, Brian seeks to provide early matter resolution and cost-effective solutions to complex legal matters. When early or compromise resolution is not appropriate or in the client’s best interest, Brian can and will zealously advocate through trial, having brought multiple cases through to jury verdicts.
Brian’s defense practice includes representation of physicians, nurses, hospitals, nursing and assisted living facilities, and all levels of professionals in medical negligence actions and administrative board matters, including licensure.
Brian’s representation further extends to individuals and corporate entities in civil matters involving premises and product liability, construction, probate and education law.
In addition, Brian serves as Probate Judge for the Town of North Kingstown, Rhode Island, by appointment of the Town Council.
Prior to entering private practice, Brian served as Editor-in-Chief of the law review at the Roger Williams University School of Law. He later clerked for the Rhode Island Supreme Court, His Honorable Associate Justice Francis X. Flaherty.
Brian is a practiced litigator and trial attorney, beginning his career with a prominent plaintiff’s firm in Rhode Island and later with Adler Cohen Harvey Wakeman & Guekguezian, since 2014.
He volunteers on the Boards of multiple organizations and remains active as an alumnus of the Roger Williams University School of Law through the Roger Williams University School of Law Pro Bono Collaborative.
Brian is a lifelong Rhode Islander, a husband, and a father of three children growing way too fast. Please feel free to contact Brian at bfielding@adlercohen.com to schedule a confidential consultation.
Associations & Memberships
- Judgeship, Probate Judge, Town of North Kingstown, Rhode Island (2018 - Present)
- Rhode Island Probate Judge Association
- Roger Williams University SOL Pro Bono Collaborative
- Rhode Island Bar Association
Awards & Recognition
- In 2018, 2019, 2020 and 2021, Brian was recognized as a "Rising Star," based on a vote of licensed attorneys in Rhode Island and a review by an independent blue-ribbon panel, as published in New England Super Lawyers.
Publications
- Rooster (novel, 2000)
- “Rhode Island’s 407 Subsequent Remedial Measure Exception”, Roger Williams U. L. Rev., Vol. 14, No. 2, 2009
- Case Note, State v. Faria, 947 A.2d 863 (R.I. 2008), Roger Williams U. L. Rev., Vol. 14, No. 2, 2009
- Civil Litigation
- Insurance Defense
- Construction Litigation
- Asbestos/Toxic Tort
- Malpractice Defense
- Third Party Claims, Indemnity and Subrogation
- Commercial Disputes and Litigation
- Healthcare Licensing & Regulatory
- Education Law
Obtained a defense verdict on behalf of a General Surgeon following a 6-day Superior Court jury trial in New Bedford. The plaintiff alleged that the defendant negligently left behind a foreign object during an irrigation and wound vac placement procedure and thereafter negligently failed to identify and remove the foreign object during subsequent wound care.
Obtained a defense verdict in a wrongful death case on behalf of a Rheumatologist and rheumatology practice group following a 2-week Superior Court jury trial in Providence. The plaintiff alleged the defendant negligently failed to diagnose and timely and properly treat dermato-polymyositis resulting in disease progression, including a fatal interstitial lung disease.
Obtained dismissal of civil lawsuit brought against psychiatrist and practice by a long-term patient alleging negligent prescribing and permanent organ injury.
Obtained dismissal of civil lawsuit brought against cosmetic surgeon and practice by a patient alleging negligent liposuction surgery with resulting injuries.
Obtained dismissal of civil lawsuit brought against neurologist by a patient alleging failure to timely diagnose and treat epidural abscess with resulting paraplegia.
Obtained dismissal of civil lawsuit brought against surgeon and hospital alleging negligent laparoscopic cholecystectomy resulting in severe physical injury.
Obtained dismissal of civil lawsuit brought against skilled nursing facility related to alleged negligence of nursing staff resulting in patient’s fall with severe resulting injuries.
Obtained dismissal of civil lawsuit brought against hospital related to alleged negligence in emergency room care and treatment of a wrist fracture leading to mal-union and requiring revision surgeries.
Obtained dismissal of civil lawsuit brought against hospital related to alleged negligent care and staff supervision resulting in multiple pressure ulcers.
Obtained dismissal of lawsuit brought against pediatric neurologist related to alleged failure to diagnose ventricle abnormalities and/or make timely referral for neurosurgical consultation resulting in permanent brain damage.
Obtained dismissal of wrongful death lawsuit brought against automotive parts supplier related to alleged failure to warn and stream of commerce liability associated with asbestos containing parts.
Obtained dismissal of wrongful death lawsuit brought against property owner related to alleged premises liability associated with asbestos.
Obtained multiple dismissals of personal injury and wrongful death brought against HVAV product manufacturer associated with asbestos, including successor liability.
Obtained Summary Judgment on behalf of professional insurance agent and associated professional service corporation related to a civil lawsuit brought by subrogee plaintiff alleging negligence in the sale of professional liability coverage policies.
Obtained Summary Judgment on behalf of hospital related to civil lawsuit brought by a traveling nurse for injuries sustained while working at the hospital.
Obtained Summary Judgment on behalf of construction subcontractor related to a civil lawsuit brought by the employee of another jobsite contractor who alleged severe and permanent pulmonary injuries resulting from chemical exposures.
Obtained complete Defense Verdict on behalf of client following a 4-day Jury Trial, including breach of contract, negligent workmanship, and fraud related to the custom body restoration of a rare, vintage automobile.
Successfully filed multiple Writs of Certiorari to the Rhode Island Supreme Court resulting in favorable client outcomes, including matters involving communications with regulatory boards of licensing and discipline.
Invited Presentations (Recent):
• Legal Considerations for Medical Professionals, medical student roundtable (2019) - by invitation of Associate Dean for Medical Education, The Warren Alpert Medical School of Brown University.
• From IDEA to IEP, Defining Your Team, Your Rights (2018)—by invitation of the North Kingstown Special Education Leadership Action Committee.
• Special Education Law: An Overview (2017)—by invitation of the Rhode Island Bar Association Government Lawyers Committee.
• Special Education Rights, An Overview for Parents (2016)—by invitation of Bradley Hospital in association with the RWU SOL Pro Bono Collaborative.
• Physician Supervision of Residents and Mid-Level Providers (2016)—by invitation of regional professional liability insurer.
- Roger Williams University School of Law, Bristol, Rhode Island
J.D.
cum laude- Honors: Law Review Editor-in-Chief
- Law Jurisprudence Scholarship
- Marine Law Institute, Research Fellow
- West Virginia University, Morgantown, West Virginia
M.A.
- Calliope Literary Magazine, Co-Editor
- Graduate Teaching Scholarship
- Boston College, Chestnut Hill, Massachusetts
B.A.
cum laude
- Rhode Island, 2010
- Massachusetts, 2011
- Connecticut, 2017
- U.S. District Court District of Rhode Island, 2011
- U.S. District Court District of Massachusetts, 2016
- U.S. Supreme Court, 2017
