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MASSACHUSETTS EYE AND EAR INFIRMARY v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE

428 Mass. 805 (1999)

MASSACHUSETTS EYE AND EAR INFIRMARY v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1999.

Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the defendant.

Joseph A. Robinson for the plaintiff.

Peter V. Kent for Melrose Wakefield Hospital.

Gordon M. Jones, III, & Carolyn Jacoby Gabbay, for Massachusetts Hospital Association & others, amici curiae, submitted a brief.

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

MARSHALL, J.

G.Z., a twenty day old infant with congenital glaucoma in both eyes, underwent eye surgery that required several hours of general anesthesia. His treating physician admitted the infant for inpatient hospital care because he needed postoperative monitoring and to assure the correct positioning of his head to minimize the risk of bleeding or changes in intraocular pressure.2 H.D. was...

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