Kopycinski v. Aserkoff

Today we are asked to address the relationship among the three members of a medical malpractice tribunal convened pursuant to G. L. c. 231, § 60B (1988 ed.). Specifically, we are faced with the question whether the decision of a medical malpractice tribunal as to the sufficiency of a plaintiff’s offer of proof must conform to the conclusion of the tribunal’s judicial member, in spite of the contrary views of the medical and legal members. We rule that the decision of a majority of the panel members shall determine the finding of the tribunal. Therefore, the judge sitting as a member of the…