|
M.G.L.A. c. 231, § 60B Medical Tribunal Decisions: Medical malpractice claimant's access to courts was not unconstitutionally cut off by M.G.L.A. c. 231, § 60B establishing procedure for screening by tribunal of all actions for malpractice, error or mistake against provider of health care, in view of wide discretion given by said statute to judge to set bond amount for continuation of malpractice action after tribunal's decision. Paro v. Longwood Hospital (1977) 369 N.E.2d 985, 373 Mass.
Medical malpractice claimant's substantive due process rights were not violated by M.G.L.A. c. 231, § 60B establishing procedure for screening of malpractice claims by tribunal on theory that such statute abrogated claimant's common-law rights without providing reasonable alternative. Paro v. Longwood Hospital (1977) 369 N.E.2d 985, 373 Mass. 645.
Medical malpractice claimant's right to equal protection of the laws was not violated by M.G.L.A. c. 231, § 60B which established procedure for screening, by tribunal, of all actions for malpractice, error or mistake against provider of health care; legislature could reasonably conclude that imposition of screening procedure and bond requirement would discourage frivolous medical malpractice claims, thus reducing losses to insurance companies and enhancing likelihood of future availability of coverage. Paro v. Longwood Hospital (1977) 369 N.E.2d 985, 373 Mass. 645.
|