Ortiz v. Stein

This medical malpractice action was dismissed after a Superior Court jury found that the defendant’s negligence was not a proximate cause of the plaintiff’s injuries. The principal question presented by this appeal is whether an opinion affidavit of a physician who neither treated nor examined the plaintiff should have been admitted in evidence pursuant to G. L. c. 233, § 79G, as amended through St. 1988, c. 130. We agree with the judge that the affidavit was not admissible and affirm the judgment.

The affidavit purported to be based upon a review of medical records pertaining to the plaintiff…