Robert L. Sullivan, D.D.S., P.C. v. Birmingham

Because these separate appeals from judgments of dismissal under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), present the identical issue, whether the wrongful inclusion of an ad damnum amount in a medical malpractice complaint 2 gives rise to a cause of action by the health care provider, we treat them together. We affirm the judgments of dismissal.

The plaintiffs specifically alleged in their complaints that the inclusion of an ad damnum amount constituted abuse of process, libel, and negligence; in their briefs they have argued that on the facts set out in their complaints relief could be…