Halley v. Birbiglia

This case is before us on appeal from a judgment of the Superior Court dismissing the plaintiffs’ complaint alleging medical malpractice against the defendants. A medical malpractice tribunal, convened pursuant to G. L. c. 231, § 60B, heard the plaintiffs’ claims of negligence and lack of informed consent brought against the defendant Doctors Birbiglia and Benedict, and found that the plaintiffs’ offer of proof was not sufficient to raise a question appropriate for judicial inquiry. The plaintiffs elected not to post a bond in accordance with G. L. c. 231, § 60B, and, as a result, a judge of…