Nicholopoulos v. Weiner

Agnes, A.J.

1. This is a medical malpractice case in which the plaintiff alleges that the defendant Bonnie Weiner, M.D. was negligent in prescribing a medication (Zocor) to lower his cholesterol levels, at a time when he had hepatitis C, and that as a result of not first ordering blood tests to check for hepatitis the patient developed cirrhosis of the liver and required a liver transplant. The defendant Weiner filed a motion for summary judgment on grounds that she is immune from liability as a public employee under the Massachusetts Tort Claims Act. See G.L.c. 258, §§1 and 2. After briefing…