Jim Barry and Amy Galatis win summary judgment motion on behalf of hospital in Worcester County medical malpractice matter
MBB+M Shareholder Jim Barry and Senior Associate Amy Galatis obtained summary judgment on behalf of their client, a community hospital, in a medical malpractice matter in Worcester County Superior Court. The plaintiff alleged that the hospital was vicariously liable for the claimed negligent care and treatment provided by a defendant general surgeon during a hernia repair surgery. Attorney Galatis argued there was insufficient evidence of an employment or agency relationship, or any indicia of apparent authority, between the hospital and the surgeon. The Court agreed. As a result, judgment was entered as a matter of law in favor of the hospital and the claims against the hospital were dismissed.