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ROE v. CHILDREN'S HOSPITAL MEDICAL CENTER

SJC-11533

469 Mass. 710 (2014)

ROBERT ROE No. 1 & others v. CHILDREN'S HOSPITAL MEDICAL CENTER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 1, 2014.

Attorney(s) appearing for the Case

Mark F. Itzkowitz ( Carmen L. Durso with him) for the plaintiffs.

Gail M. Ryan ( John P. Ryan with her) for Children's Hospital Medical Center.

The following submitted briefs for amici curiae:

John J. Barter for Professional Liability Foundation, Ltd.

Darrell L. Heckman , of Ohio, & Ninamary Buba Maginnis , of Kentucky, for National Center for Victims of Crime.

J. Michael Conley , Jeffrey S. Beeler , Thomas R. Murphy , & Kimberly A. Alley for Massachusetts Academy of Trial Attorneys.

Present: SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

This case requires us to decide whether a Massachusetts hospital employer owes a legally cognizable duty of care to future patients of a doctor who has left the hospital's employ and resumed practicing medicine in the employ of a different hospital in another State. We conclude that such a duty...

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