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VASA v. COMPASS MEDICAL, P.C.

SJC-10457.

456 Mass. 175 (2010)

KATHLEEN M. VASA, individually and as executrix, v. COMPASS MEDICAL, P.C., & others.

Supreme Judicial Court of Massachusetts, Plymouth.

March 2, 2010.

Attorney(s) appearing for the Case

Brad W. Greenberg (Lisa Smyth with him) for the plaintiff.

Joan Eldridge for the defendants.

John J. Barter, for Professional Liability Foundation, Ltd., amicus curiae, submitted a brief.

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

COWIN, J.

We consider the issue whether a claim that a health care provider caused injury to a third party by failing to warn a patient about the effects of medical treatment must be presented to a medical malpractice tribunal (malpractice tribunal). See G. L. c. 231, § 60B.3 We affirm a Superior Court judge's ruling that such claims are subject to the medical malpractice tribunal statute...

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