Medical Malpractice May Have Been Erroneously Viewed As Ordinary Negligence

The Massachusetts Appeals Court vacated an interlocutory order and instructed a trial judge to take another look at a complaint filed against Winchester Hospital, finding that the judge initially erred in viewing the matter as one alleging ordinary negligence rather than medical malpractice…law.com, Appellate Court: Trial Judge Erroneously Viewed Med-Mal Suit as Ordinary Negligence Claim, Citing Improper Notice?  May 2022

On remand, the judge must address the hospital’s request that because the plaintiff failed to file an offer of proof, she failed to present sufficient evidence to raise a legitimate question of liability appropriate for judicial inquiry.

The Massachusetts Appeals Court vacated an interlocutory order and instructed a trial judge to take another look at a complaint filed against Winchester Hospital, finding that the judge initially erred in viewing the matter as one alleging ordinary negligence rather than medical malpractice.