Chace v. Curran
- Decided
- February 25, 2008
- Docket
- No. 06-P-1452
- Status
- Published
- Jurisdiction
- Massachusetts
Cited 2,731 timesNo negative treatment found in this library
What later courts said
- holding that complaint asserting fraud and breach of fiduciary duty by medical providers who failed to disclose to patient their own malpractice “sets forth viable claims” — RFF Family Partnership, L.P. v. Burns & Levinson, LLP (2012)
- such a decision “may be cited for its persuasive value but . . . not as binding precedent” — Scola v. Costantino Richards Rizzo, LLP (2013)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Rapoza, C.J.
The defendants, both health care providers, ap [*259] peal from an order of a Superior Court judge denying their motions to dismiss the plaintiffs’ amended complaint. At issue is whether allegations of the defendants’ intentional falsification of medical records gave rise to actions in fraud that survive the dismissal, as untimely, of the plaintiffs’ underlying claims of medical malpractice. We affirm and conclude that the motion judge did not err in allowing the plaintiffs to proceed on their amended complaint.
Background. Sharon Judkins gave birth to Andrew Chace on September 22, 1995. During the course of the birth, Judkins exhibited signs of a complication known as a prolapsed cord, in which the umbilical cord is delivered through the vaginal canal before the fetus. As a result, Judkins’s obstetrician, Dr. Robert Shannon, alerted personnel and an emergency Caesarian section procedure was performed. Upon delivery, Andrew required resuscitation due to a lack of oxygen. Present and attending to the resuscitation efforts were Nurse Shelagh Galvin and both defendants, Dr. Arlene Curran and Nurse Ann Taylor.
Cite this
Chace v. Curran, 71 Mass. App. Ct. 258 (2008)Read the full opinion
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