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FRANKLIN v. ALBERT

381 Mass. 611 (1980)

411 N.E.2d 458

PETER FRANKLIN & another vs. THOMAS W. ALBERT & another.

Supreme Judicial Court of Massachusetts, Norfolk.

October 9, 1980.

Attorney(s) appearing for the Case

Michael E. Mone (Patricia L. Kelly with him) for the plaintiffs.

Philander S. Ratzkoff (Nancy A. Serventi with him) for the defendants.

Wayne A. Budd, Paul R. Sugarman, Neil Sugarman & Steven L. Hoffman, for the Massachusetts Bar Association, amicus curiae, submitted a brief.

Walter L. Landergan, Jr., Edwin J. Carr, Michael T. Gengler, Gerald V. May, Jr., & Carol R. Kirchick, for the Massachusetts Medical Society, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

This is one of two similar cases decided today seeking reconsideration of the holding in Pasquale v. Chandler, 350 Mass. 450 (1966), that under the Massachusetts statute of limitations for medical malpractice3 a cause of action "accrues" at the time of the act of malpractice, "`and not when the actual damage results or is ascertained...

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