KASS, J.
Upon a motion for summary judgment, a judge of the Superior Court ruled that the defendant Winifred Kender, a primary care physician under contract with Tufts New England Health Maintenance Organization (Tufts HMO), was not contractually liable to a patient for failing (as the complaint alleged) to return telephone calls of a patient over a period of two days. That patient, it developed, was suffering a miscarriage. The judge also decided that Dr. Kender...
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