7 Mass. App. Ct. 918 | Mass. App. Ct. | 1979
The jury returned verdicts for the defendant on the only two remaining counts of a complaint which alleged medical malpractice in the diagnosis and treatment of the husband (count 1) and loss of consortium by the wife (count 2). 1. The stenographic transcript fails to support the plaintiffs’ contention that the judge did not ask the prospective jurors the questions required by Mass.R.Civ.P. 47(a), 365 Mass. 812 (1974). 2. There was no error in the judge’s refusal to put to the prospective jurors any of the five questions which were submitted by the plaintiffs at the voir dire and which are still relied on by them, a. As the transcript fails to disclose that the plaintiffs made (or even offered) any showing of a "great deal of publicity lately with regard to the costs of medical malpractice insurance,” it has not been made to appear that question twenty fell within the ambit of the second paragraph of G. L. c. 234, § 28, as appearing in St. 1975, c. 335. See and compare Commonwealth v. DiRoma, 5 Mass. App. Ct. 853 (1977); Commonwealth v. Lozano, 5 Mass. App. Ct. 872, 873 (1977); Commonwealth v. Corgain, 5 Mass. App. Ct. 899, 900 (1977); Commonwealth v. Fleu
So ordered.