Ruggiero v. Giamarco

We consider in this appeal whether a decision of a medical malpractice tribunal that the plaintiff’s complaint raises a legitimate question of liability worthy of judicial inquiry is immediately appealable by the health care provider under the doctrine of present execution. We hold that a health care provider is not entitled to an immediate appeal as of right from an adverse decision of a malpractice tribunal under G. L. c. 231, § 60B, and dismiss the appeal.

1. Background. Ann Marie Ruggiero filed a small claims action in the Peabody Division of the District Court Department alleging that…