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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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I am considering how I would align a complaint on counts

Customer Question

I am considering how I would align a complaint on counts with the following causes of action. Can you help me group them appropriately and properly in a complaint?
1. 93A
2. Interference in a contract; Tortious Interference with Contractual Relations
a. Failure to honor my DPOA
3. Fraud and Misrepresentation
a. Fraudulent Concealment of a cause of action
b. Fraudulent Concealment
4. Negligence
5. Duty of Care
6. Violation of my civil rights
7. Defamation-libel
8. Fabrication of medical records
9. Failure to notify DPOA of HCP invocation
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 3 months ago.

Hello,

I'm not really sure what you're looking for. However, I do have some comments about your proposed causes of action:

1. I assume this is a statutory claim. If so, then you need to identify the right to relief that arises under the statute, so that the judge knows exactly what you are alleging.

2. Massachusetts courts identify this claim as "Intentional Interference with Contract."

a. This is not a known cause of action, unless there is a right to relief granted by statute.

3. Fraud and Misrepresentation are synonymous, if the misrepresentation is intentional. You can use either "fraud," or "intentional misrepresentation."

a. Fraudulent concealment of a cause of action is not a valid cause of action in Massachusetts or anywhere else.

b. Fraudulent concealment is valid, and if that's what you're claiming then you don't need to use fraud or intentional misrepresentation. Just use "fraudulent concealment."

4. Negligence is valid on its own.

5. Duty of care is not a valid cause of action. It's an element of negligence (duty, breach, actual cause, proximate cause, damages).

6. Violation of civil rights is not sufficiently specific. There are many civil rights, and you need to expressly identify the right that you allege was violated.

7. Defamation is the general term for a false statement of reputation injuring fact, published to a third party and causing damages. Libel is defamation published in writing. Slander is oral defamation. Call it defamation -- or libel/slander, not both, unless you're alleging both.

8. This isn't a cause of action, either, it would be fraud, assuming that it was an intentional misrepresentation intended to induce justifiable, detrimental reliance and causing damages.

9. This may be "breach of fiduciary," or "professional negligence" (malpractice), if committed by a hospital or physician.

Not sure if that's what you were expecting, but I've done my best.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 3 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!