Filing a Cape Cod medical malpractice lawsuit is a multi-step process. Unlike other types of negligence cases (such as those stemming from car crashes or slip and fall accidents), a plaintiff must first present his or her proof to a reviewing board. If this tribunal does not find that the plaintiff has presented sufficient evidence so as to warrant a trial, his or her case will be dismissed unless a bond is posted.
However, the tribunal’s decision is reviewable by the courts, and sometimes such the tribunal’s decision is reversed on appeal.
Facts of the Case
In a recent (unreported) Massachusetts Appeals Court case, the plaintiff was the personal representative of the estate of a man who allegedly died due to the negligence of the defendants, two hospitals and several doctors. The plaintiff presented her case to a medical malpractice tribunal, which ruled that there was not enough evidence to raise a legitimate issue of liability as to four of the physicians or as to one of the hospitals. The plaintiff did not post the bond required under Mass. Gen. Laws ch. 231, § 60B, and thus the trial court dismissed her case as to those defendants. She appealed.