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DOUGHERTY v. OLIVIERO

427 A.2d 487 (1981)

Stephen DOUGHERTY and Ann Dougherty v. Dr. Vincent OLIVIERO.

Supreme Judicial Court of Maine.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Berman, Simmons, Laskoff & Goldberg, P. A., William D. Robitzek (orally), C. Martin Berman, Jack H. Simmons, Robert A. Laskoff, John E. Sedgewick, Lewiston, for plaintiffs.

Preti, Flaherty & Beliveau, Christopher D. Nyhan (orally), Thomas R. Kolb, John J. Flaherty, Portland, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, GLASSMAN, ROBERTS and CARTER, JJ.

CARTER, Justice.

The defendant, Dr. Oliviero, was Stephen Dougherty's treating physician at a Portland hospital in November 1977. In October 1979, Stephen Dougherty and his mother filed a complaint in Superior Court claiming damages as a result of defendant's alleged negligence in diagnosing and treating a medical problem with Stephen Dougherty's knee.

In his answer to the complaint, the defendant denied liability and also raised, as an affirmative defense...

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