Posts tagged "Siddiqi"

Cruz, et al. v. Siddiqi (Lawyers Weekly No. 10-146-13)

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SJC‑11274

SENAYA ZAYAS SANTANA CRUZ & another[1]  vs.  JAVED SIDDIQI.

August 5, 2013.

Medical Malpractice, Bond.  Negligence, Medical malpractice. Practice, Civil, Bond, Judicial discretion.  Bond.

The plaintiffs seek interlocutory review of the judge’s order refusing to reduce the amount of the $ 6,000 bond they were required to file in order to pursue their medical malpractice claim against defendant Dr. Javed Siddiqi after a tribunal convened pursuant to G. L. c. 231, § 60B (§ 60B), determined that there was not sufficient evidence to raise a legitimate question of liability appropriate for judicial inquiry as to Dr. Siddiqi.  The appeal was entered in the Appeals Court, and we then transferred the case to this court on our own motion.  For reasons set forth in our decision in Faircloth v. DiLillo, ante        (2013) (Faircloth), we conclude that the judge abused his discretion where he denied the plaintiffs’ motion based solely on his belief that plaintiffs’ attorney was paying or advancing the court costs and expenses of litigation on behalf of the indigent plaintiffs, including the cost of the bond.[2] read more

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Posted by Massachusetts Legal Resources - August 6, 2013 at 8:04 pm

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