Flagg v. Scott

The plaintiffs have appealed from a judgment which dismissed their action for damages for medical malpractice and related relief because they failed to file the bond ordered by the judicial member of a medical malpractice tribunal following the tribunal’s consideration of the plaintiffs’ offer of proof under G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5. McMahon v. Glixman, 379 Mass. 60, 63-64 (1979). The question before the tribunal was whether the medical evidence set out in the plaintiffs’ offer of proof, if substantiated at trial, would be sufficient to withstand a motion for a…