Denton v. Beth Israel Hospital

This case presents certain issues regarding our medical malpractice tribunal statute, G. L. c. 231, § 60B. 2 The plaintiffs brought an action for the wrongful death and conscious pain and suffering of one Hope Wilkinson. The defendant requested that a medical malpractice tribunal be convened pursuant to § 60B. On the day before the tribunal was scheduled to sit, the plaintiffs informed the judge of their intention to “waive” the tribunal. At the tribunal hearing, the plaintiffs declined to make an offer of proof. The tribunal found for the defendant, and the presiding judge ordered the…