Verdicts

The Appeals Court of Massachusetts, Essex, denied a dentist's attempt to obtain judicial review of a medical malpractice tribunal's report that found the plaintiff's claim had merit, as Massachusetts's law does not permit interlocutory appeal of such proceedings absent judicial permission. Ruggiero v. Giamarco, 73 Mass.App.Ct. 743 (Mass.App.Ct., 2/26/09).

Plaintiff Ann Marie Ruggiero filed a small claims action in the Peabody Massachusetts District Court alleging negligence on the part of Matteo L. Giamarco, D.M.D. Dr. Giamarco moved to refer the case to the Essex County Superior Court for a medical malpractice tribunal to review its the merits, pursuant to General Law (G.L.) c. 231 ' 60B. The tribunal concluded that the complaint had merit. Dr. Giamarco then filed a petition with a single justice of the appeals court seeking interlocutory review of the tribunal's decision, as permitted by G.L. c. 231 ' 118 (first par.). The single justice denied the dentist's petition and declined to grant leave to take an interlocutory appeal. Dr. Giamarco next sought to appeal directly from the tribunal order entered in the Superior Court.