Arsenault v. Bhattacharya

In this case, we must decide whether dismissal without prejudice was the appropriate remedy for a failure by the plaintiff, Patricia Arsenault, to provide notice to the defendant, Subroto Bhattacharya, of her intention to sue, as required by G. L. c. 231, § 60L. See St. 2012, c. 224, § 221 (“An Act improving the quality of health care and reducing costs through increased transparency, efficiency and innovation”). The statute is silent as to remedies for a failure to comply with its terms, and there are no decisions interpreting it. See Ashley v. New York State Office of Children & Family…