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DOULL v. FOSTER

SJC-12921.

487 Mass. 1 (2021)

SETH DOULL & another v. ANNA C. FOSTER & another.

Supreme Judicial Court of Massachusetts, Franklin.

February 26, 2021.

Attorney(s) appearing for the Case

Krzysztof G. Sobczak for the plaintiffs.

Tory A. Weigand for the defendants.

Jennifer A. Creedon & Stephanie M. Gazda, for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief.

Brendan G. Carney , Thomas R. Murphy , Kevin J. Powers , & Elizabeth N. Mulvey , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: BUDD, C.J., GAZIANO, LOWY, CYPHER, KAFKER, WENDLANDT, & GEORGES, JJ.

Causation has been a continually contested concept in tort law, confounding courts, commentators, and practitioners. In this medical malpractice case, we are asked once again to clarify our case law on causation, along with a series of other issues that are more readily decided. Specifically, we examine the use of two competing causation...

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