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DIAS v. BRIGHAM MEDICAL ASSOCIATES, INC.

438 Mass. 317 (2002)

STELLA DIAS & another, administrators, v. BRIGHAM MEDICAL ASSOCIATES, INC.

Supreme Judicial Court of Massachusetts, Bristol.

December 23, 2002.

Attorney(s) appearing for the Case

Adam R. Satin (Andrew C. Meyer, Jr., with him) for the plaintiffs.

Alice Olsen Mann (Sean M. Ennis with her) for the defendant.

Carl Valvo & Kenneth W. Terrell for Professional Liability Foundation, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

IRELAND, J.

The plaintiffs, Stella and Luis Dias, administrators of the estate of their son, Ethan Dias, claim that defendant Brigham Medical Associates, Inc. (BMA), is vicariously liable under the theory of respondeat superior for the alleged medical malpractice of one of its physician practice group members, Dr. Daniel Schlitzer. Dr. Schlitzer was the on-call obstetrician at St. Luke's Hospital who treated the pregnant...

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