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RAHILLY v. NORTH ADAMS REGIONAL HOSPITAL

No. 92-P-1583.

36 Mass. App. Ct. 714 (1994)

636 N.E.2d 280

CHRISTOPHER J. RAHILLY, administrator, vs. NORTH ADAMS REGIONAL HOSPITAL & others.

Appeals Court of Massachusetts, Hampden.

June 28, 1994.

Attorney(s) appearing for the Case

William K. Danaher, Jr., & Edward J. Spence, III, for the plaintiff.

John A. Agostini for Diane Gagne & others.

Paul R. Greenberg for Daniel Muse & others.

Michael J. Powers for Paul Marz.

Kathleen E. Sheehan for Stephen Lieberman.

Mary J. Kennedy for Baystate Medical Center.

Nancy A. Lyon for Michael Sussman, submitted a brief.

Present: DREBEN, KAPLAN, & GILLERMAN, JJ.

DREBEN, J.

Five month old Jeremy Rahilly died at the Baystate Medical Center (Baystate) in Springfield on August 10, 1988. There was a question whether the child had been abused — the medical examiner's opinion was that "the manner of death was homicide." Jeremy's father was charged with murder. He was acquitted, and thereafter brought this action, as administrator of Jeremy's estate, alleging medical malpractice against North Adams Regional Hospital (North...

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