Jean M. Beeler v. William S. Downey

At the trial of an action for medical malpractice the Judge did not err in excluding from evidence the medical malpractice tribunal's determination under G. L. c. 231, § 60B, that the plaintiff's offer of proof was sufficient to raise a question of liability appropriate for judicial inquiry, inasmuch as the tribunal's decision, declared admissible by § 60B, fifth par., refers in context only to a decision by the tribunal to appoint an impartial expert witness. [613-618] The plaintiff brought this action as administratrix of the estate of her deceased infant daughter. Her complaint alleged that her daughter's death was the result of respiratory suppression and other injuries proximately caused by the negligence of the defendants.