Morrison Mahoney Partner Amy Yarbro recently obtained a dismissal on behalf of a skilled nursing facility after arguing that the plaintiff failed to comply with the notice requirement set forth in M.G.L. c. 231, § 60L.
The plaintiff argued that the facts of case sounded in negligence and fell outside the scope of the medical malpractice statute. The Superior Court agreed with Attorney Yarbro that the plaintiff’s claim against a nursing home fell squarely within § 60L requiring the plaintiff to provide notice to the health care provider 182 days before commencing a court action. The Court dismissed the case without prejudice and noted that compliance with the notice requirement would not present any undue hardship on the plaintiff because the claims were within the statute of limitations.
Read the opinion here: Court Order Memo -MTD Allowed
