HALLEY v. BIRBIGLIA


390 Mass. 540 (1983)

458 N.E.2d 710

ROBERT M. HALLEY & another vs. VINCENT P. BIRBIGLIA & another.

Supreme Judicial Court of Massachusetts, Worcester.

December 7, 1983.


Attorney(s) appearing for the Case

John F. Hurley, Jr., for the plaintiffs.

David M. Gould for Karl J. Benedict.

Douglas Q. Meystre for Vincent P. Birbiglia.

Present: HENNESSEY, C.J., WILKINS, NOLAN, & LYNCH, JJ.


LYNCH, J.

This case is before us on appeal from a judgment of the Superior Court dismissing the plaintiffs' complaint alleging medical malpractice against the defendants. A medical malpractice tribunal, convened pursuant to G.L.c. 231, § 60B, heard the plaintiffs' claims of negligence and lack of informed consent brought against the defendant Doctors Birbiglia and Benedict, and found that the plaintiffs' offer of proof was not sufficient to raise a question appropriate...

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