Martinez v. Umass Memorial Health Care, Inc.

Fecteau, Francis R., J.

Introduction

This is a medical malpractice action involving Robert Brown, D.O. (“Brown” or “defendant”), a resident physician (“Resident”) at UMass Memorial Medical Center (“UMMC”).

The events giving rise to this litigation took place at the UMMC Emergency Room on October 27, 1998. Oneil Martinez (“Martinez” or “plaintiff’) initially brought suit against the Commonwealth of Massachusetts and John Doe, M.D., but amended the complaint to include Brown and Dijby Diop, M.D. (“Diop” or “defendant”) following discovery on June 12, 2002.2

Brown now moves for summary judgment (and…