Four Massachusetts doctors are asking that a wrongful death lawsuit against them be dismissed because the claim should be handled as a medical malpractice claim. The family of a man who killed in a motor vehicle accident claims these doctors failed to warn the at-fault drive that her medication may have rendered her unable to drive. Defendants in the case ask that it be reviewed by a medical malpractice tribunal consistent with a medical malpractice case.
This claim would not fly in Maryland under a new case decided this year. (The name escapes me.)