Harlfinger v. Martin

At issue in the present appeal is the constitutionality of G. L. c; 231, § 60D, which requires that medical malpractice claims on behalf of minors be brought within seven years of the date of the act or omission that allegedly caused the injury. The plaintiffs contend that this statute of repose violates the due process and equal protection guarantees of the Federal and State Constitutions. In the alternative, they argue that the defendant was under a continuing duty to treat the minor plaintiff, such that the action alleging a breach of that duty is still timely, notwithstanding the passage…