Kulas v. Webber

The plaintiff brought an action against the defendant, a medical doctor, alleging that he “did not use due and proper care or skill in diagnosing or otherwise treating the plaintiff for her disease,” which was “subsequently determined by her and her other physicians to be a tubovarian abscess.” A medical malpractice tribunal hearing was held pursuant to G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5. The tribunal determined that the evidence presented was “insufficient to raise a legitimate question of liability appropriate for judicial inquiry.” The plaintiff posted the required…