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FAIRCLOTH v. DiLILLO

No. SJC-11269.

466 Mass. 120 (2013)

AALIYAH FAIRCLOTH & another v. Louis DiLILLO.

Supreme Judicial Court of Massachusetts, Essex.

August 5, 2013.

Attorney(s) appearing for the Case

Elizabeth N. Mulvey for the plaintiffs.

Stephanie M. Simmons for the defendant.

John J. Barter, for Professional Liability Foundation, Ltd., amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

General Laws c. 231, § 60B (§ 60B), provides that "[e]very action for malpractice, error or mistake against a provider of health care shall be heard by a tribunal consisting of a single justice of the superior court, a physician licensed to practice medicine in the commonwealth ..., and an attorney authorized to practice law in the commonwealth." Where a medical malpractice tribunal determines that there...

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