The Massachusetts Appeals Court vacated an interlocutory order and instructed a trial judge to take another look at a complaint filed against Winchester Hospital, finding that the judge initially erred in viewing the matter as one alleging ordinary negligence rather than medical malpractice.

The plaintiff, Emily Lane, initiated General Laws c. 231, §60B, which governs actions for malpractice and requires that any such action be referred to a medical malpractice tribunal, written notice to the hospital regarding her intent to name Winchester Hospital as a defendant in a “negligence action for medical malpractice” arising from her care in the emergency room for a severe asthma attack in April 2015.

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