M.G.L.A. 231 § 60C. Malpractice complaints; ad damnum

Privileged nature of ad damnum amount wrongfully included in medical malpractice complaint provided complete defense to plaintiffs' claims of libel and intentional infliction of emotional distress, the latter tort requiring that a defendant's actions be without privilege and also immunized defendants, plaintiffs in malpractice action, from any civil liability based on allegations in complaint. Sullivan v. Birmingham (1981) 416 N.E.2d 528, 11 Mass.App.Ct. 359. Damages  50.10; Libel And Slander  38(3)

Notwithstanding guarantee of this section that in medical malpractice actions the amount claimed or sought will not be disclosed to the jury, ad damnum amount in medical malpractice claim was "pertinent to the proceedings" under rule that words spoken by witness in course of judicial proceedings which are "pertinent to the proceedings" are absolutely privileged, even if uttered maliciously or in bad faith. Sullivan v. Birmingham (1981) 416 N.E.2d 528, 11 Mass.App.Ct. 359. Libel And Slander  38(3)