Pedro v. Goldfarb

Leibensperger, Edward P., J.

This motion presents the issue of whether a nurse employed by a “public employer,” as defined by G.L.c. 258, §1, the Massachusetts Tort Claims Act, may be held liable for medical malpractice. While it is undisputed that the nurse here was employed by a public employer at the time of the alleged malpractice, the question presented is whether the exercise of professional judgment by a nurse regarding the clinical care of the patient raises a genuine issue of material fact as to whether she was acting as a “public employee” under the Act and, thus, entitled to…