ORTIZ v. STEIN

No. 89-P-1391.

31 Mass. App. Ct. 643 (1991)

582 N.E.2d 560

JORGE L. ORTIZ vs. SHERMAN C. STEIN.

Appeals Court of Massachusetts, Hampden.

December 10, 1991.


Attorney(s) appearing for the Case

Robert H. Astor for the plaintiff.

Michael K. Manning for the defendant.

Present: WARNER, C.J., JACOBS, & PORADA, JJ.


JACOBS, J.

This medical malpractice action was dismissed after a Superior Court jury found that the defendant's negligence was not a proximate cause of the plaintiff's injuries. The principal question presented by this appeal is whether an opinion affidavit of a physician who neither treated nor examined the plaintiff should have been admitted in evidence pursuant to G.L.c. 233, § 79G, as amended through St. 1988, c. 130. We agree with the judge that the affidavit...

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