Legal Opinion

Chandler v. Chang

Massachusetts Appeals Court

Decided October 13, 2017No. 16–P–1626Published

1Opinion of the Court

The plaintiffs appeal from the dismissal of this medical malpractice action for failure to post a bond after a medical malpractice tribunal determined that the plaintiffs' offer of proof failed to "raise a legitimate question of liability appropriate for judicial inquiry" and dismissed the claims.4 G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5. We vacate and remand.

A plaintiff's offer of proof will prevail before a tribunal if he (1) shows "that the defendant is a provider of health care as defined in § 60(B)"; (2) demonstrates "that the health care provider did not conform to good…

2Cases cited8 opinions

  1. Glicklich v. SpievackMassachusetts Appeals Court · 1983
  2. Blake v. AvedikianMassachusetts Supreme Judicial Court · 1992
  3. Kopycinski v. AserkoffMassachusetts Supreme Judicial Court · 1991
  4. Booth v. SilvaMassachusetts Appeals Court · 1994
  5. Held v. BailMassachusetts Appeals Court · 1989

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