McLAUGHLIN v. WALTHAM-WESTON HOSPITAL, 44 Mass. App. Ct. 1112 (1998)

691 N.E.2d 249

LILLIAN R. McLAUGHLIN, ADMINISTRATRIX, vs. WALTHAM-WESTON HOSPITAL MEDICAL CENTER.

No. 96-P-2016.Appeals Court of Massachusetts.
February 10, 1998.

(1) The judgment of dismissal and the finding and decision of the tribunal are vacated with respect to claim 2, and the claim may proceed directly in the Superior Court without review by a tribunal. (2) The judgment of dismissal and the finding and decision are vacated with respect to claim 4, and a finding and decision

Page 1113

shall enter that the plaintiff’s offer of proof, if properly substantiated, is sufficient to raise a legitimate question of liability appropriate for judicial inquiry. (3) As to the remaining claims, the judgment is affirmed.

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