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HAGGERTY v. McCARTHY

344 Mass. 136 (1962)

181 N.E.2d 562

ROBERT H. HAGGERTY vs. RAYMOND McCARTHY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 10, 1962.

Attorney(s) appearing for the Case

Robert H. Haggerty of New York, pro se, (Robert D. Kilmarx with him,) for the plaintiff.

John F. Dunn, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

Count 1 of the declaration in an action of tort alleged that the defendant, a surgeon, failed to remove the plaintiff's appendix completely during an operation, on May 1, 1949, was doubtful whether he had done so, and negligently failed to inform the plaintiff of his doubts, with the consequence that the plaintiff later "provided an inaccurate ... medical history to ... [a] physician whom he subsequently consulted...

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