Mass. Justices' Med Mal Standard Repeal Stuns Plaintiff Attys

Law360 (March 4, 2021, 5:47 PM EST) -- The Massachusetts Supreme Judicial Court shocked many plaintiffs' attorneys last week when it abolished an "unnecessarily confusing" alternative standard used by juries to determine whether a health care provider caused a patient's injury, with some calling the ruling unnecessary and a sweeping transformation of decades of jurisprudence.

Defense attorneys, however, welcomed the ruling, saying it provides clarity for judges and juries and will give the defense bar confidence that juries will render fair verdicts.

The state high court on Feb. 26 affirmed a defense verdict in a suit accusing nurse practitioner Anna Foster and her supervising physician, Dr. Richard Miller, of causing...

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