Charles v. Kender

Upon a motion for summary judgment, a judge of the Superior Court ruled that the defendant Winifred Render, a primary care physician under contract with Tufts New England Health Maintenance Organization (Tufts HMO), was not contractually liable to a patient for failing (as the complaint alleged) to return telephone calls of a patient over a period of two days. That patient, it developed, was suffering a miscarriage. The judge also decided that Dr. Render was not liable for negligent infliction of emotional distress. Although we decide that the summary judgment materials left open questions of…