Bloomberg Law
May 18, 2022, 2:48 PM

Allergic Patient’s Suit Against Hospital Potentially Barred

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Massachusetts woman is facing the potential dismissal of her lawsuit against a hospital that allegedly gave her a drug that contained a known allergen because she didn’t comply with the state’s special medical malpractice pleading rules, a state appeals court said.

Emily Lane’s complaint stated a claim for medical malpractice, not ordinary negligence, the Massachusetts Appeals Court said. A trial judge therefore erred by refusing to consider Winchester Hospital’s motion to dismiss the suit based on Lane’s failure to timely file a statutorily required document attesting to its merit, the court said.

Lane was taken by ambulance to Winchester ...

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