Legal Opinion

Hernandez v. Vargas

Massachusetts Superior Court

Decided December 9, 2003No. 030800BPublished

1Opinion of the Court

Agnes, A.J.

1.Introduction

This is a medical malpractice action in which the plaintiff has filed a motion to compel the defendants to respond to certain discovery requests including plaintiffs First Set of Interrogatories, and First Request for Production of Documents. The defendant opposes the motion on grounds that six months have passed since the defendant filed an answer and a request to convene a Medical Malpractice Tribunal under G.L.c. 231, §60B. The defendant adds that “plaintiff has not served an Offer of Proof or any expert affidavit(s)/report(s) in support of her claims against Dr.…

2Cases cited5 opinions

  1. Gugino v. Harvard Community Health PlanMassachusetts Supreme Judicial Court · 1980
  2. Tibbitts v. WisniewskiMassachusetts Appeals Court · 1989
  3. Rose Brodie v. Gardner Pierce Nursing & Rest Home, Inc.Massachusetts Appeals Court · 1980
  4. Schell v. BirnbaumMassachusetts Superior Court · 1994
  5. Rogers v. City of BostonMassachusetts Appeals Court · 1992

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