Marco v. Green

The issue before us is whether a voluntary administratrix acting pursuant to G. L. c. 195, § 16 (1990 ed.), has the legal authority to maintain or compromise a wrongful death action under G. L. c. 229, § 2 (1990 ed.). We summarize the relevant facts established by statements, affidavits, and other materials in the record.

On August 26, 1988, Kenneth S. Hickey (decedent) died in the course of a surgical operation performed by Dr. Richard E. Wilson at Brigham and Women’s Hospital. On March 6, 1991, a judge in the Probate and Family Court for Mid-dlesex County appointed the decedent’s surviving…