Castillo v. Massachusetts General Hospital Chelsea Memorial Health Care Center

The issue, framed in the context of the allowance of the defendants’ motion for summary judgment, is whether the plaintiffs’ medical malpractice complaint is *514barred by the statute of limitations as matter of law.3 Upon review of the Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974), submissions in the record, we determine that a genuine issue of fact exists as to when the plaintiffs’ cause of action accrued and, therefore, reverse the Superior Court judgment dismissing the complaint.4

The plaintiff Doy Castillo, whose date of birth is November 23, 1978, was examined by the defendant Dr. Desmond at the…