CASE SUMMARY:  PAT VARMA/SAMUAL W. KANG. M.D.

 

This is a civil lawsuit for medical malpractice based on negligence. The action was timely commenced within the time periods set forth in Mass. G.L. ch. 260, § 4 and Mass. G.L. ch. 231, § 60D. The requirements of Mass. G.L. ch. 231, § 60B relating to the presentation of an offer of proof to a malpractice tribunal have been satisfied, and the jurisdiction and venue of this court are proper.

 

STATEMENT OF THE CASE

 

In this case, the defendant is alleged to have acted negligently in providing medical care to the plaintiff. This type of negligence is referred to as “medical malpractice.” The defendant denies that she/he acted negligently, and asserts that — even if the defendant is found to have acted negligently — the alleged negligence did not cause any harm to the plaintiff. As the parties have agreed to bifurcation, the only issue to be addressed in this trial is liability. If necessary, the amount of damages to be awarded to the plaintiff will be decided in a subsequent proceeding

 

BRUDEN OF PROOF

 

In this case, the defendant is alleged to have acted negligently in providing medical care to the plaintiff. This type of negligence is referred to as “medical malpractice.” The defendant denies that she/he acted negligently, and asserts that — even if the defendant is found to have acted negligently — the alleged negligence did not cause any harm to the plaintiff. As the parties have agreed to bifurcation, the only issue to be addressed in this trial is liability. If necessary, the amount of damages to be awarded to the plaintiff will be decided in a subsequent proceeding

 

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