9 Mass. App. Ct. 811 | Mass. App. Ct. | 1980
The plaintiffs have appealed from a judgment which dismissed their action for damages for medical malpractice and related relief because they failed to file the bond ordered by the judicial member of a medical malpractice tribunal following the tribunal’s consideration of the plaintiffs’ offer of proof under G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5. McMahon v. Glixman, 379 Mass. 60, 63-64 (1979). The question before the tribunal was whether the medical evidence set out in the plaintiffs’ offer of proof, if substantiated at trial, would be sufficient to withstand a motion for a directed verdict. Little v. Rosenthal, 376 Mass. 573, 578-579 (1978). McMahon v. Glixman, supra at 66. 1. The matters set out in the first two sentences of the letter from the plaintiffs’ expert, when considered in light of the operation and pathology reports from the second hospital which are referred to in the first sentence of that letter, are sufficient to warrant a finding that the female plaintiff’s extensive intra-abdominal adhesions were caused by the introduction of starch particles into her peritoneal cavity. The opinion expressed in the third sentence of that letter, when considered in light of the operation report from the defendant hospital, is sufficient to warrant a finding that the
So ordered.