Legal Opinion

Blaney v. Lowell General Hospital

Massachusetts Appeals Court

Decided April 20, 2010No. 09-P-1167Published

1Opinion of the Court

On January 5, 2001, the plaintiffs commenced this medical malpractice action against Lowell General Hospital (hospital), arising out of an incident that occurred on January 9, 1998. On that day, the plaintiffs’ decedent, who had been involuntarily admitted to the hospital, was, allegedly, allowed to escape and was subsequently struck by a motor vehicle on a public way. A medical malpractice tribunal found insufficient evidence as to the hospital, and the plaintiffs filed a bond. On November 3, 2004, two months before the expiration of the seven-year repose period, the plaintiffs served on…

2Cases cited3 opinions

  1. Nett v. BellucciMassachusetts Supreme Judicial Court · 2002
  2. Joslyn v. ChangMassachusetts Supreme Judicial Court · 2005
  3. Kennedy v. Beth Israel Deaconess Medical Center, Inc.Massachusetts Appeals Court · 2009

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