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BRUSARD v. O'TOOLE

429 Mass. 597 (1999)

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

Supreme Judicial Court of Massachusetts, Plymouth.

May 20, 1999.

Attorney(s) appearing for the Case

Kenneth A. Cohen for the defendant.

Paul F. Kenney (J. Michael Conley with him) for the plaintiffs.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

Kelly L. Brusard (Brusard) brought this medical malpractice action on behalf of herself and her now nine year old daughter, Kaileigh, against obstetrician Terence J. O'Toole alleging that Dr. O'Toole's malpractice resulted in severe neurological brain injury to Kaileigh. At issue on appeal is an evidentiary ruling by the trial judge excluding from evidence a chart contained in a medical treatise, but prepared...

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