Jasper v. Tomaiolo

At the medical malpractice tribunal convened pursuant to G. L. c. 231, § 60B, the plaintiffs’ offer of proof included partial transcripts of the testimony of two physicians in an unrelated civil action. After the tribunal determined, in accordance with the statute, see note 4, infra, that “the evidence presented if properly substantiated is sufficient to raise a legitimate question of liability appropriate for judicial inquiry,” the defendant moved in the Superior Court to strike that determination. The motion was denied, and a single justice of this court allowed the defendant to take an…