Kopycinski v. Aserkoff

I agree with the court that G. L. c. 231, § 60B (1988 ed.), directs a medical malpractice tribunal to make a collective determination of the sufficiency of a plaintiff’s offer of proof, and that the judicial member of the panel may not overrule the decision of the other two. I also agree that this statutory scheme is not an improper interference with the judicial power in violation of art. 30 of the Massachusetts Declaration of Rights. I disagree, however, with the court’s reasoning which, in my opinion, unnecessarily confuses the legal standards under which these tribunals are to operate.

As…