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Appeals court hears argument over posting bond under medical‑malpractice statute (G.L. c.231, §60B); parties dispute excusable‑neglect standard
Summary
The appeals court heard argument March 10 in 2024P963 over whether a plaintiff’s belated posting of a required bond after an adverse medical‑malpractice tribunal finding could be excused as "excusable neglect" under case law and the strict timelines of G.L. c.231, §60B.
The appeals court heard argument March 10 in 2024P963, a dispute over whether a plaintiff’s failure to post a bond within the statutory 30‑day period following a medical‑malpractice tribunal decision could be excused as “excusable neglect” and whether the trial court abused its discretion in permitting a later filing.
John Waldron, counsel for the defendants, argued that Chapter 231, Section 60B (the medical‑malpractice tribunal statute) is plain and strict: when a bond is not posted within the statutory 30 days the statute requires dismissal. He urged the court to limit application of…
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