United States First Circuit

Where a doctor refers a pregnant woman infected with HIV to another facility in the asserted belief that she would receive better care there, the doctor's judgment is to be given deference absent a showing by the plaintiff that the judgment lacked any reasonable medical basis.

Appellate Information

• Decided 05/22/2001
• Published 05/22/2001

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bennett H. Klein, with whom Gay & Lesbian Advocates & Defenders was on brief, for appellant., Donna E. Levin, General Counsel, Special Assistant Attorney General, and Edmund J. Sullivan, Deputy General Counsel, on brief for Department of Public Health of the Commonwealth of Massachusetts, amicus curiae., Carl Valvo and Cosgrove, Eisenberg and Kiley, P.C. on brief for Massachusetts Medical Society and Professional Liability Foundation, Ltd., amici curiae.


• For Appellees:
  
• Charles B. Straus, III, with whom Robert V. Deiana and Mirick, O'Connell, DeMallie & Lougee were on brief, for appellee.