|
M.G.L.A. 231 § 85. Comparative negligence Medical malpractice
"Administrative," "ministerial," or "routine" hospital negligence cases, as distinguished from "medical" or "professional" cases, do not call for paraphernalia of experts, and complications brought in by such testimony might on occasion distort rather than improve jury's judgment. Bennett v. Winthrop Community Hosp. (1986) 489 N.E.2d 1032, 21 Mass.App.Ct. 979. Health 821(1)
Negligence of a physician who practices a specialty consists of a failure to exercise a degree of care and skill of the average qualified physician practicing that specialty, taking into account the advances in the profession and the resources available to the physician. Stepakoff v. Kantar (1985) 473 N.E.2d 1131, 393 Mass. 836. Health 621
When employer retains physician to examine employees, generally no physician- patient relationship exists between employee and doctor; however, physicians in such situations must still exercise reasonable care and skill in their relationship with employees. Bratt v. International Business Machines Corp. (1984) 467 N.E.2d 126, 392 Mass. 508. Health 709(2)
Doctrine of comparative negligence, which was first incorporated into the law by St.1969, c. 761, § 1, 1969 amendment of this section did not apply to medical malpractice action arising out of death that occurred in 1966. Campbell v. Thornton (1975) 333 N.E.2d 442, 368 Mass. 528. Health 605
|