· 3/7/1989
Leininger v. Franklin Medical Center
Citations
- 534 N.E.2d 1151
- 404 Mass. 245
- 1989 Mass. LEXIS 66
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claims for civil rights violation and false imprisonment, arising out of civil commitment are not appropriate for tribunal review
- finding referral unwarranted because plaintiff’s claimed harm arose from failure to comply with civil commitment statute and was unrelated to medical judgment or treatment
- contrasting an evaluation of a psychiatrist’s failure to comply with the civil commitment statute, which did not fall within the competence of a tribunal, with mistakes in “medical decisions,” including “medical judgment or treatment,” which do
- claim that doctors did not follow requirements of commitment statute not subject to G. L. c. 231, § 60B, because it does not involve physicians’ medical judgment
- failure to examine not excused, even due to emergency nature of case, where there was no refusal to consent to examination
- civil rights claim against a physician for committing plaintiff to a psychiatric facility without examining her as required by G.L.c. 123, §12 not subject to the tribunal statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Liacos, Nolan, Lynch, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.