Smith v. Steinberg

The defendant, an orthopedic surgeon, contends that his motion for summary judgment in this medical malpractice action should have been allowed because, as a member of the University of Massachusetts Medical School group practice, he is a “public employee” immune from liability under § 2 of G. L. c. 258 (1984 ed.) (the Massachusetts Tort Claims Act). The judge who denied the defendant’s motion for summary judgment allowed the parties’ motion for a report of his order denying summary judgment. We granted the defendant’s motion for direct appellate review and now affirm the order denying…