BRUSARD v. O'TOOLE

No. 97-P-374.

45 Mass. App. Ct. 288 (1998)

KAILEIGH N. BRUSARD & another v. TERENCE J. O'TOOLE.

Court of Appeals of Massachusetts, Plymouth.

August 12, 1998.


Attorney(s) appearing for the Case

Paul F. Kenney for the plaintiffs.

Angela M. Steadman for the defendant.

Present: ARMSTRONG, BROWN, & LENK, JJ.


LENK, J.

The plaintiff Kelly Brusard is the mother of the now eight year old child Kaileigh and brought this medical malpractice action on her own behalf and as Kaileigh's mother and next friend. The defendant is the obstetrician who delivered Kaileigh at Brockton Hospital late in the evening of April 24, 1990. The gist of the plaintiffs' complaint is that the defendant's failure to deliver Kaileigh by cesarean section much earlier that

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