FEELEY v. BAER


424 Mass. 875 (1997)

DONNA FEELEY, administratrix, v. STEPHEN BAER & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 9, 1997.


Attorney(s) appearing for the Case

Raymond J. Kenney, Jr., for Stephen Baer.

Frank E. Reardon for Richard McNeer.

Philip J. Crowe, Jr., for the plaintiff.

Thomas R. Kiley, Carl Valvo, & Matthew L. Schemmel, for the Professional Liability Foundation, Ltd., amicus curiae, submitted a brief.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.


WILKINS, C.J.

A Superior Court judge ruled that the evidence was not sufficient to raise a question for the jury on the plaintiff's claim that each defendant physician had failed in his duty to disclose in a reasonable manner certain medical information that would have been material to an intelligent decision by the pregnant plaintiff whether to have labor induced or to wait for spontaneous labor. The Appeals Court concluded...

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