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ARTICLE · 21 DECEMBER 2020

MA Appellate Practice And Procedure Bulletin - October 2020

Morrison Mahoney LLP
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The case, Doull v. Foster, is a wrongful death medical malpractice action tried to a defense verdict after three weeks of trial and which involved allegations of lack of informed consent and negligence.

United StatesLitigation, Mediation & Arbitration
Tory A. Weigand
Tory A. Weigand

TWIN FIRES, INEXTRICABLE TANGLES AND SEEKING CLARITY: THE MASSACHUSETTS SUPREME JUDICIAL COURT POISED TO ADDRESS ACTUAL CAUSATION IN POTENTIALLY SIGNIFICANT DECISION

In what may well be a significant decision either redefining or clarifying actual causation in negligence including medical malpractice actions, the Supreme Judicial Court heard argument on October 5, 2020 and took the issue and case under advisement. The case, Doull v. Foster, is a wrongful death medical malpractice action tried to a defense verdict after three weeks of trial and which involved allegations of lack of informed consent and negligence. The decedent died of an underlying clotting disorder, Chronic Thromboembolic Pulmonary Hypertension ("CTEPH"). The allegations included that the clotting disorder was caused by progesterone prescription; that there was a failure to inform of the risk of clotting; and that there was a failure to diagnose and refer for treatment in a more timely manner

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