RUGGIERO v. GIAMARCO

No. 08-P-430.

73 Mass. App. Ct. 743 (2009)

ANN MARIE RUGGIERO v. MATTEO L. GIAMARCO.

Appeals Court of Massachusetts, Essex.

February 26, 2009.


Attorney(s) appearing for the Case

Stephen M. O'Shea for the defendant.

Present: GRASSO, KATZMANN, & SIKORA, JJ.


GRASSO, J.

We consider in this appeal whether a decision of a medical malpractice tribunal that the plaintiff's complaint raises a legitimate question of liability worthy of judicial inquiry is immediately appealable by the health care provider under the doctrine of present execution. We hold that a health care provider is not entitled to an immediate appeal as of right from an adverse decision of a malpractice tribunal under G. L. c. 231, § 60B, and dismiss...

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