Medical Malpractice
Allowed suit against doctor employed at University of Massachusetts, even though employees of the Commonwealth are generally immune from suit.
A patient was injured when surgical blade broke in her back during spinal surgery. Verdict for SUGARMAN’s client was upheld when the defendants expressly waived their objections to the admission of evidence by failing to properly preserve their argument under Mass.R.Civ.P. 50(a).
A cause of action does not accrue in medical malpractice cases under G.L. c. 260, §4 until the plaintiff knows, or reasonably should have known, of the harm from the defendant’s conduct. This decision allowed SUGARMAN lawyers to bring a claim on behalf of our client.