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LEBLANC v. FRIEDMAN

438 Mass. 592 (2003)

ROLAND A. LEBLANC & another v. ANDREW J. FRIEDMAN.

Supreme Judicial Court of Massachusetts, Middlesex.

January 29, 2003.

Attorney(s) appearing for the Case

Carol A. Kelly for the defendant.

Barry D. Lang for the plaintiffs.

Steven L. Schreckinger & Anne Robbins, for Risk Management Foundation of the Harvard Medical Institutions, Inc., amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

This medical malpractice case turns on the interpretation of a release signed by the plaintiffs Diane and Roland Leblanc after it was discovered that a medical instrument had been left in Mrs. Leblanc's abdomen by the defendant Dr. Andrew J. Friedman during a surgical procedure. The Leblancs later sued Dr. Friedman for injuries resulting from acts of malpractice unrelated to the medical instrument. The motion judge...

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