Rather than malpractice, the case involves a question of negligent bailment. To the extent Berger considered the practices and procedures of the Dana Farber Blood Bank, it focused on the specific issue of irradiated platelets. While the affidavit of Dr. Kenneth Anderson also alleges that, as head of the Blood Bank, he engaged in confidential communications with McKenna, no specifics as to those confidential communications are provided. Moreover, it is undisputed that Chauhan is seriously ill and her health is rapidly declining. Her death is imminent, and any further delay in the prosecution of this case may prevent Chauhan from having her day in court.
Fundamental fairness demands a speedy trial.
In addition to recognizing that disqualification, as a prophylactic device for protecting the attorney-client relationship, is a drastic measure which courts should hesitate to impose except when absolutely necessary, Adoption of Erica, supra at 58, courts are concerned about the high cost to litigants and to the court system that are occasioned by motions to disqualify attorneys, and are concerned that such motions are frequently used as harassment and dilatory tactics. At the conclusion of the meeting, Sallan took McKenna to see Richard Boskey, Dana Farber's in-house counsel. No explanation is provided as to how in-house counsel Boskey could have been unaware of McKenna's prior representation of Sallan in the Berger case, when Sallan was the one who escorted her to see him. In the time since service of process, McKenna has taken seven depositions of Dana Farber employees. At the first deposition, moreover, a claims representative for Dana Farber's insurer appeared, who was the same claims representative who had appeared in Berger.