PARO v. LONGWOOD HOSPITAL


373 Mass. 645 (1977)

369 N.E.2d 985

LYNN MARIE PARO & another vs. LONGWOOD HOSPITAL.

Supreme Judicial Court of Massachusetts, Suffolk.

November 16, 1977.


Attorney(s) appearing for the Case

Andrew C. Meyer for the plaintiffs.

John J. O'Brien for the defendant.

Acheson H. Callaghan, Jr., & Jeffrey F. Jones, for Medical Malpractice Joint Underwriting Association of Massachusetts, amicus curiae, submitted a brief.

Arnold Manthorne, John F. Sherman, III, Dennis J. White & William J. Speers, Jr., for The Massachusetts Medical Society, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


QUIRICO, J.

This case presents, as a matter of first impression,1 constitutional challenges to G.L.c. 231, § 60B, which establishes a procedure for the screening, by a tribunal, of all actions for "malpractice, error or mistake against a provider of health care." See St. 1975, c. 362, § 5. The plaintiffs' medical malpractice action was dismissed when they failed to satisfy a $2,000 bond requirement imposed on them, after a tribunal...

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