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COLLINS v. BARON

392 Mass. 565 (1984)

467 N.E.2d 171

KATHLEEN T. COLLINS & another vs. JOEL J. BARON.

Supreme Judicial Court of Massachusetts, Plymouth.

July 30, 1984.

Attorney(s) appearing for the Case

Daniel H. Kelleher (John J. Mackin with him) for the plaintiffs.

Jacob J. Locke for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

At issue is whether a new trial is required in this medical malpractice case because a judge gave instructions as to the necessity of expert evidence of negligence by the defendant doctor but failed to instruct the jury as to the effect of an admission of fault by the doctor. We conclude that a new trial is necessary.

The plaintiff's ureter was injured in the course of a hysterectomy performed by the defendant...

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