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Torts Keyed to Christie
Matsuyama v. Birnbaum
Citation:
452 Mass. 1, 890 N.E.2d 819 (2008)Facts
Matsuyama visited his primary care physician, Dr. Birnbaum (Defendant), between 1995 and 1999 with complaints of gastric pain. The Defendant was aware of Matsuyama’s risk of gastric cancer but failed to order the appropriate tests until May 1999, which confirmed that Matsuyama had a cancerous mass in his stomach. Matsuyama died in October 1999. Matsuyama’s wife (Plaintiff) brought a medical malpractice lawsuit against the Defendants for wrongful death, breach of contract, and negligence. The Plaintiff had an expert testify that the Defendant breached the applicable standard of care, decreasing Matsuyama’s chance of survival.
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