Tower v. Hirschhorn

The plaintiff, Elizabeth Tower, brought two suits against the defendant, Ann M. Hirschhom, a neurologist who previously had treated the plaintiff. In essentially overlapping complaints, the plaintiff set forth five causes of action: breach of a confidential relationship; invasion of privacy; unfair and deceptive acts in violation of G. L. c. 93A; negligent testimony; and negligent diagnosis. The cases were consolidated for trial,1 and the defendant moved to dismiss all counts for failure to state a claim on which relief may be granted. See Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974).…