Austin v. Boston University Hospital

A judge of the United States District Court, District of Massachusetts, has certified four questions to us concerning the application and interpretation of G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5, which provides for a preliminary hearing by a tribunal in every action for malpractice, error, or mistake against a provider of health care. See S.J.C. Rule 3:21, as amended, 366 Mass. 871 (1974). These questions, which are set forth in the margin, 3 arise from the filing of a complaint on December 31, 1975, in which the plaintiffs allege that the defendant hospital and the defendant…