- Superior Court
The Superior Court has adopted a new Rule 73, Medical Malpractice Cases. This rule applies only to cases where the complaint was filed on or after January 2, 2018. The rule was created to move medical malpractice cases through the system faster. Rule 73 sets strict deadlines for the parties to meet or else they will waive the medical malpractice tribunal. If the parties meet their deadlines, the rule requires the Massachusetts Medical Society to provide the clerk with a list of available doctors for the specific case. If the Society does not provide the list, then, instead of the case being heard by a three-person tribunal, the case is heard by a judge alone, who would make the same findings and determination as the full tribunal would.
New Rule 73 supersedes Superior Court Standing Order 1-82 (Chapter 231, Section 60B, of the General Laws--Medical Malpractice Action Against Provider of Health Care).
1-82: Chapter 231, Section 60B, of the General Laws--Medical Malpractice Action Against Provider of Health Care, Rescinded and replaced by Rule 73, effective January 1, 2018