Case law · Appeals court · Massachusetts

Chace v. Curran

Decided
February 25, 2008
Docket
No. 06-P-1452
Status
Published
Jurisdiction
Massachusetts

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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)

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