PAIVA v. KAPLAN

No. 19-P-1789.

99 Mass. App. Ct. 645 (2021)

JENNIFER PAIVA v. RANDY KAPLAN.

Appeals Court of Massachusetts, Bristol.

May 28, 2021.


Attorney(s) appearing for the Case

Kathy Jo Cook for the plaintiff.

J. Peter Kelley for the defendant.

Present: Vuono, Milkey, & Ditkoff, JJ.


The plaintiff, Jennifer Paiva, in her individual capacity and as parent and next friend of Noah and Chad Paiva, appeals from a judgment for the defendant, Dr. Randy Kaplan, following a jury trial. The primary issue on appeal is whether the trial judge erred in giving an "errors of judgment" instruction that informs a jury in a medical...

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