Massachusetts Rules of Domestic Relations Procedure
Domestic Relations Procedure Rule 6.
Docketing and mailing of notice of medical malpractice tribunal order, which required plaintiff to file bond within 30 days of tribunal's finding in order to pursue claim through usual judicial process, did not come within sweep of Rule 77 requiring court to serve notice of court order on parties by mail and did not trigger application of this rule which confers additional three days after service of mail, and thus plaintiff's posting of bond on 31st day after tribunal's finding was untimely under M.G.L.A. c. 231, § 60B governing medical malpractice tribunals providing that bonds shall be posted within 30 days of tribunal's finding. Goldstein v. Barron (1980) 414 N.E.2d 998, 382 Mass. 181. Health  808

Docketing and mailing of notice of medical malpractice tribunal order, which determined that unfortunate medical result had occurred and which required plaintiff to file bond of $2,000 within 30 days of tribunal's finding in order to pursue claim through usual judicial process, came within sweep of Rule 77 requiring clerk to serve notice of court order on parties by mail, and such rule in turn triggered application of this rule, which confers additional three days after service by mail, and thus plaintiff's bond posting on thirty-first day after tribunal's finding was seasonable, even though this section governing medical malpractice tribunals provides that bond shall be posted within 30 days of tribunal's finding. Goldstein v. Barron (1980) 404 N.E.2d 92, 9 Mass.App.Ct. 644, affirmed 414 N.E.2d 998, 382 Mass. 181. Health  808

In medical malpractice action seeking to recover damages for the wrongful death of plaintiff's wife and for injuries sustained by her prior to her death, it was not error for the judge to allow plaintiff to amend his complaint (filed on February 26, 1975) in May of 1978 to add a count for loss of consortium. Gill v. Northshore Radiological Associates, Inc. (1980) 409 N.E.2d 248, 10 Mass.App.Ct. 885, on subsequent appeal 430 N.E.2d 1210, 385 Mass. 180. Pleading  250

Dismissal of Actions

Dismissal of complaint on ground of delay in service of process after delays of approximately 20 and 21 months in service of process on hospital and physician was justified by lack of knowledge by hospital or physician of claims for over four and one-half years after alleged medical malpractice, lack of memory by physician or emergency room nurse of incident, and need to conduct reasonably prompt investigation of claim of negligence in emergency room treatment. Brissette v. Crantz (1986) 500 N.E.2d 828, 23 Mass.App.Ct. 213. Pretrial Procedure  587

Massachusetts Rules of Domestic Relations Procedure
Domestic Relations Procedure Rule 58. Entry of Judgment

Where judgments for dentist and his employer were entered, in medical malpractice action by patient, on February 1st, and where motion by dentist and employer for execution on bond obtained by patient from insurer in order to maintain both of two claims against dentist and employer was allowed on May 13th, the "final judgment" on obligation by patient and insurer to pay on the bond did not occur on May 13th, when the judge instructed the clerk to satisfy the costs of dentist and his employer out of the posted amount, but rather on February 1st, and therefore failure of patient and insurer to file notice of appeal within 30 days of that date barred their subsequent appeal of granting of motion by dentist and his employer for execution on the bond. Mood v. Kilgore (1981) 425 N.E.2d 341, 384 Mass. 459. Appeal And Error  430(1)

Docketing and mailing of notice of medical malpractice tribunal order, which required plaintiff to file bond within 30 days of tribunal's finding in order to pursue claim through usual judicial process, did not come within sweep of this rule requiring court to serve notice of court order on parties by mail and did not trigger application of Rule 6 which confers additional three days after service of mail, and thus plaintiff's posting of bond on 31st day after tribunal's finding was untimely under M.G.L.A. c. 231, § 60B governing medical malpractice tribunals providing that bonds shall be posted within 30 days of tribunal's finding. Goldstein v. Barron (1980) 414 N.E.2d 998, 382 Mass. 181. Health  808

Docketing and mailing of notice of medical malpractice tribunal order, which determined that unfortunate medical result had occurred and which required plaintiff to file bond of $2,000 within 30 days of tribunal's finding in order to pursue claim through usual judicial process, came within sweep of this rule requiring clerk to serve notice of court order on parties by mail, and such rule in turn triggered application of Rule 6, which confers additional three days after service by mail, and thus plaintiff's bond posting on thirty-first day after tribunal's finding was seasonable, even though this section governing medical malpractice tribunals provides that bond shall be posted within 30 days of tribunal's finding. Goldstein v. Barron (1980) 404 N.E.2d 92, 9 Mass.App.Ct. 644, affirmed 414 N.E.2d 998, 382 Mass. 181. Health  808

Massachusetts Rules of Appellate Procedure
Appellate Rule 4. Appeal--When Taken

Notice of appeal by patient in medical malpractice action, following decision by medical malpractice tribunal that a "legitimate question of liability" was raised by patient's negligence claims, but not counts based on lack of informed consent, which notice was made prior to trial at which judgments were entered for dentist and his employer, was not sufficient to preserve right of appeal in absence of compliance with this rule, requiring that a notice of appeal be filed within 30 days of the entry of judgment. Mood v. Kilgore (1981) 425 N.E.2d 341, 384 Mass. 459. Appeal And Error  428(2)

Where judgments for dentist and his employer were entered, in medical malpractice action by patient, on February 1st, and where motion by dentist and employer for execution on bond obtained by patient from insurer in order to maintain both of two claims against dentist and employer was allowed on May 13th, the "final judgment" on obligation by patient and insurer to pay on the bond did not occur on May 13th, when the judge instructed the clerk to satisfy the costs of dentist and his employer out of the posted amount, but rather on February 1st, and therefore, failure of patient and insurer to file notice of appeal within 30 days of that date barred their subsequent appeal of granting of motion by dentist and his employer for execution on the bond. Mood v. Kilgore (1981) 425 N.E.2d 341, 384 Mass. 459. Appeal And Error  430(1)

Patient's failure to serve on physician a description of parts of the transcript she intended to include as well as a statement of the issue intended to be presented on appeal and to deliver to clerk of lower court within 40 days after filing a notice of appeal either those portions of transcript which she deemed necessary or a signed statement certifying that she had ordered such portions from the court reporter warranted dismissal of appeal of judgment in favor of physician on medical malpractice claim. Atwood v. Antkowiak (2002) 770 N.E.2d 1002, 55 Mass.App.Ct. 1107, Unreported. Appeal And Error  611; Appeal And Error  633

MA R SM CL Rule 4
RULE 4. TRANSFER
Current with amendments received through 9/1/2003
(c) To Medical Malpractice Tribunal. Any small claims action for malpractice, error or mistake against a provider of health care shall be referred for the convening of a medical malpractice tribunal pursuant to G.L. c. 231, § 60B.

MA R SUPER CT Order 1-82
STANDING ORDER 1-82. CHAPTER 231, SECTION 60B, OF THE GENERAL LAWS--MEDICAL MALPRACTICE ACTION AGAINST PROVIDER OF HEALTH CARE
Applicable to All Counties

In order to expedite the handling of medical malpractice tribunals pursuant to G.L. c. 231, s. 60B, it is hereby ORDERED, effective November 1, 1982, that:

1. Whenever an action for malpractice, error, or mistake against a provider of health care, as defined in the statute, has been entered in the office of a Clerk-Magistrate of the Superior Court (in Suffolk County the Clerk-Magistrate for Civil Business), the Clerk-Magistrate shall, upon the filing of the defendant's answer, forthwith notify in writing the applicable Regional Administrative Justice, enclosing a copy of the complaint and answer.

2. Thereafter, the Regional Administrative Justice shall designate a justice sitting within his region as a single justice to convene a medical malpractice tribunal.

3. With respect to such medical malpractice tribunals, three copies of the plaintiff's offer of proof (G.L. c. 231, § 60B, para. 1) shall be filed with the Clerk and a copy provided to the defendant(s) not less than five (5) days prior to the date of the hearing before the tribunal.

4. Unless otherwise specifically ordered by the Regional Administrative Justice, the single justice designated by the Regional Administrative Justice to convene a medical malpractice tribunal shall retain jurisdiction of the case as to the hearing by the tribunal until the tribunal has made its finding. Such continuing jurisdiction shall include and comprehend retention of the papers by the designated justice upon leaving the county in which the action is pending and, if necessary, a return by the justice to that county for the purpose of conducting the tribunal hearing.

This standing order supercedes Standing Order No. 1-82, dated October 20, 1982.

Adopted October 20, 1982, effective November 1, 1982. Amended August 25, 1988, effective October 1, 1988; amended effective December 5, 1994.