FITZGERALD v. LEACH


337 Mass. 463 (1958)

150 N.E.2d 12

CAROL FITZGERALD & another vs. ALBERT E. LEACH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1958.


Attorney(s) appearing for the Case

Joseph G. Schumb, for the defendant.

Joseph T. Doyle, (Edward J. McCormack, Jr., with him,) for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


COUNIHAN, J.

This is an action of tort for malpractice against a physician and surgeon licensed to practice within our Commonwealth. He was on the staff of a hospital in Boston.

In count 2 of the declaration the minor plaintiff, hereinafter called the plaintiff, seeks to recover damages for personal injury sustained by her as the result of negligence of the defendant in the performance of an operation on her left...

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