Broadard v. Hubbard Regional Hospital

The sole issue raised by this appeal is whether a medical malpractice tribunal must be convened in cases where it is clear to the judge that as a matter of law the offer of proof, if substantiated at trial, would be sufficient to withstand a motion for a directed verdict. G. L. c. 231, § 60B. See Little v. Rosenthal, 376 Mass. 573, 578 (1978). The defendant appeals from an order of a Superior Court judge that the plaintiff’s offer of proof “is sufficient to raise a legitimate question of liability appropriate for judicial inquiry,” G. L. c. 231, § 60B, without an initial screening by a…