Summary
The Supreme Judicial Court of Massachusetts reversed a trial court's grant of summary judgment in a medical malpractice action concerning the seven-year statute of repose. The court held that while the initial alleged negligence occurred outside the repose period, genuine issues of material fact existed regarding whether subsequent negligent acts within the seven-year window independently caused the decedent's death. The opinion clarifies that later acts of negligence are not automatically shielded by prior negligence merely because they involve the same underlying condition.
Topics
Practice areas
Questions Presented
- Whether the seven‑year statute of repose bars the plaintiff’s medical‑malpractice claim when alleged negligent acts occurred within the repose period.
- Whether the abnormal 2006 electrocardiogram constitutes the “definitely established event” that triggers the repose period.
Holdings
- The statute of repose does not bar the plaintiff’s claims because later negligent acts occurring within the seven‑year period are actionable and the claim is not predicated on the 2006 abnormal EKG.
Key quotations
“We therefore reverse the judgment granting summary judgment in the defendants' favor and remand to the Superior Court for further proceedings consistent with this opinion.” (at 357)
“The statute of repose bars medical‑malpractice causes of action based on negligent acts or omissions that occurred more than seven years before the commencement of the action, it does not shield later negligent acts, so long as the medical‑malpractice claim is not predicated on any acts or omissions that took place more than seven years before the filing of the claim.” (at 358)
Factual background
Harry Bellmar, the decedent, was a patient of Dr. Robert Moore from May 2006 until his death in June 2016. An abnormal electrocardiogram was performed in December 2006 and no follow‑up testing was ordered. Over the next ten years Dr. Moore saw the patient regularly but never ordered additional cardiac testing. The decedent died of cardiac arrhythmia in June 2016. The plaintiff alleges that Dr. Moore breached the standard of care by failing to order follow‑up cardiac evaluation.
Procedural history
The plaintiff filed a negligence and wrongful death action in the Superior Court in December 2017. The trial judge granted summary judgment to the defendants based on the seven‑year statute of repose. The Appeals Court affirmed. The Supreme Judicial Court granted leave to obtain further appellate review and heard the case.
Remand instructions
Remand to the Superior Court for further proceedings consistent with this opinion.