Delicata v. Bourlesses

The plaintiff seeks to recover damages for the death of his wife, and for loss of consortium, as a result of the alleged medical malpractice of the defendant, a nurse. The action was considered by a medical malpractice tribunal convened pursuant to G. L. c. 231, § 60B, which concluded that the plaintiff’s offer of proof did “not present a legitimate question of liability appropriate for judicial inquiry.” The judicial member of the panel ordered that the plaintiff, as a condition precedent to pursuing the action, post the bond required by G. L. c. 231, § 60B. The plaintiff did not file the…