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RUDENAUER v. ZAFIROPOULOS

445 Mass. 353 (2005)

BARBARA RUDENAUER, individually and as administratrix, v. GEORGIA ZAFIROPOULOS, executor, & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 21, 2005.

Attorney(s) appearing for the Case

Barry D. Lang for the plaintiff.

Edward T. Hinchey (Stacey E. Morris with him) for the defendants.

Carl Valvo & Kenneth W. Terrell, for Professional Liability Foundation, Ltd., amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

The plaintiff's husband, Dennis Rudenauer, died in 2000 from cancer that allegedly could have been detected and successfully treated had the defendant doctor, Panayiotis Zafiropoulos, properly monitored a kidney condition. In 2001, the plaintiff brought an action against Zafiropoulos and his employer, Waltham Urology Clinic, Inc. (clinic), for wrongful death, pain and suffering, gross negligence, and loss of consortium.4 Although...

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