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BOARD OF REGISTRATION IN MEDICINE v. HALLMARK HEALTH CORPORATION

SJC-10297

454 Mass. 498 (2009)

BOARD OF REGISTRATION IN MEDICINE v. HALLMARK HEALTH CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 2009.

Attorney(s) appearing for the Case

Jennifer Grace Miller, Assistant Attorney General, for the plaintiff.

Joan Eldridge for the defendants.

John J. Barter, Dean P. Nicastro, & James T. Hilliard, for Professional Liability Foundation, Ltd., & another, amici curiae, submitted a brief.

Timothy C. Miller, of Texas, for Federation of State Medical Boards of the U.S., Inc., amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

MARSHALL, C.J.

In response to a patient's complaint of physician misconduct during a physical examination, and pursuant to a statutory mandate, see G. L. c. 112, § 5,2 the disciplinary unit of the Board of Registration in Medicine (board) is investigating a physician, referred to as Dr. John Doe.3 In connection with the investigation, the board seeks materials located in Dr. Doe's credentialing files

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