ENGLISH v. NEW ENGLAND MEDICAL CENTER, INC.


405 Mass. 423 (1989)

541 N.E.2d 329

JOSEPH E. ENGLISH & another, guardians, vs. NEW ENGLAND MEDICAL CENTER, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 20, 1989.


Attorney(s) appearing for the Case

Charles S. Mancuso (Kevin G. McIntyre with him) for the plaintiffs.

Carol A. Griffin (David M. McCarthy & Laurie J. Condos with her) for the defendant.

The following submitted briefs for amici curiae:

John W. Van Lonkhuyzen & Robert A. Faucher for Beth Israel Hospital Association & others.

Bill Wagner of Florida, Jeffrey Robert White of the District of Columbia, & Anthony Tarricone for Association of Trial Lawyers of America.

Walter H. Mayo, III, & Robert E. Cowden, III, for Massachusetts Council of Human Services Providers, Inc.

Patrick R. Carroll, William T. McGrail, Dorothy Grandolfi Wagg, Vincent F. O'Rourke, Jr., & Barry A. Bachrach for Massachusetts Hospital Association, Inc.

John H. Mason, Deborah S. Steenland, & John W. Spillane for Independent School Association of Massachusetts & another.

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


O'CONNOR, J.

This is a medical malpractice case arising out of treatment rendered to Kerrie Ann English by two physicians at the defendant's hospital. The jury returned verdicts in favor of the physicians, who were originally defendants, but against the hospital, and assessed damages in the amount of $350,000. In response to the hospital's motion, the trial judge reduced the award to $20,000 pursuant to G.L.c. 231, § 85K (1986 ed.). On appeal, the plaintiffs...

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