Evidence
M.G.L.A. 233 § 79B
 
In medical malpractice action, the trial judge did not abuse his discretion in excluding from evidence a copy of the Directory of Medical Specialists, also known as Marquis Who's Who, Inc., which plaintiff sought to introduce to establish the expertise of authors of various medical treatises, where plaintiffs did not refer to any common law or statutory basis for permitting the directory to be introduced, where they did not inform the trial court of the statute on which they presently claimed error, where there was no offer of proof relating to the proffered contents of the directory nor was it marked as an exhibit, and where they did not assert or seek to establish that the directory was anything other than a collection of unverified self-serving statements as suggested by the trial judge. Mazzaro v. Paull (1977) 363 N.E.2d 509, 372 Mass. 645. Evidence  381; Trial  45(1)

In absence of independent evidence that medical books, offered by plaintiff in medical malpractice action, were commonly used and relied on by persons in particular occupation, books were properly excluded from evidence. Reddington v. Clayman (1956) 134 N.E.2d 920, 334 Mass. 244. Evidence  381

• SEE ALSO
  Medical malpractice, Richard A. Kroll (1974) 8 Suffolk U.L.Rev. 598.
• Medical malpractice, locality rule for determining a physician's standard of skill and care. (1968) 48 B.U.L.Rev. 710.
• Medical malpractice, standard of care. Peter A. Donovan, 15 Ann.Surv.Mass.L., Boston College, p. 40 (1968).
• Medical malpractice actions. Robert J. Sherer, 12 Ann.Surv. Mass.L., Boston College, p. 62 (1965).
• Necessity of expert testimony in action against charitable hospital for damages caused by negligence of its employees. (1965) 31 ATLA L.J. 151.
• Outline for plaintiff's offer of proof before medical malpractice tribunal. Donald M. Lubin and Andrew C. Meyer (1981) 25 Boston B.J. No. 6, p. 27.
• Proof and procedures in malpractice cases. Meyer H. Goldman (1955) 40 Mass.L.Q. No. 3, p. 18.
• Right of plaintiff in a malpractice action to elicit and rely upon the expert testimony of defendant. (1965) 31 ATLA L.J. 126.
• Use of textbooks as evidence, notice requirement. Joseph G. Crane, 1 Ann.Surv.Mass.L., Boston College, p. 263 (1954).
• Use of treatises in malpractice cases. Walter H. McLaughlin, Jr., 12 Ann.Surv.Mass.L., Boston College, p. 343 (1965).
• 84 ALR 2nd 1338, Medical Books Or Treatises As Independent Evidence.

Encyclopedias

• 31 Am. Jur. Proof of Facts 2d 443, Contradiction Of Expert Witness Through Use Of Authoritative Treatise.
• 22 Am. Jur. Proof of Facts 3d 1, Health Care Provider's Liability For Brain- Damaged Infant.
• 12 Am. Jur. Trials 253, Medical Malpractice-Saddle Block Anesthesia.