Koltin v. Beth Israel Deaconess Medical Center
Nov 17, 2004OUTCOME: Judgment of Dismissal by Trial Court reversed
Plaintiff atient brought action against hospital, hospital's professional provider association, hospital's security services provider, and three security guards, alleging claims for breach of contract, ... violation of civil rights, invasion of privacy, and assault and battery. After a medical malpractice tribunal ruled that the evidence the patient offered was not sufficient to raise a legitimate question of liability appropriate for judicial inquiry, the action was dismissed due to patient's failure to post bond. Patient appealed and was represented by Attorney Peres, who did not represent Plaintiff in Trial Court. The Appeals Court reversed the dismissal. The Court held that patient's tort and civil rights claims were not medical malpractice claims to be referred to medical malpractice tribunal and, thus, were improperly dismissed for failure to post bond after tribunal determined that the evidence the patient offered was not sufficient to raise a legitimate question of liability.