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Asker
Posted over 1 year ago.

Ok thanks... I read in a response to another persons question that before a malpractice lawsuit can be filed the Board had to review it...actually the writer was quit 'serious' in the answer...so all things in place , experts etc, a suit can be filed directly with the courts.... just trying to understand that.... no intention of filing anything just confused by the other answer...

Marc Edward Stewart
Marc Edward Stewart, Medical Malpractice Attorney - Little Rock, AR
Posted over 1 year ago.

You make a interesting reference about sometimes needing a Board to review before a lawsuit can be filed. There are indeed a handful of states that require such a thing. It's not the same Board as the State Medical Board. It's usually a custom-tailored Board that is filled according to the state's medical malpractice statute. I don't know whether you have one in Massachusetts. I am aware of this system in a state near to me, Louisiana. In Louisiana, it's really terrible. I believe the plaintiff picks a Board member, the Defense picks one, and then a local judge picks an allegedly neutral one. Of course, this usually means that 2 of the 3 reviewers are physician are local to the town where the Defendant is part of the community. Ergo, malpractice cases are rare in Louisiana. If you think this may be the system in your state, you'll want to contact a local attorney to get better guidance on the way the review board is created.

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Asker
Posted over 1 year ago.

I think it is something like that in MA. I guess the local attorneys either aren't familiar or think it prioritory information (ha ha). I'll open up the Reg and MGL at some point and read up on it.
I am not looking at a malpractice suit just wanted the info for a project I'm working on.
Let me share this with you as a past juror on a malpractice suit about 8 yrs ago. A man died of a stomach torsion issue, I forgot the exact name but it was rare. He called his doctor for a week and was told to take laxatives and other over the counter things...which probably made it worse, in that his guts were basically in a knot being tighten and tighten. He or family call the Insurance 800 Nurse line and she said go to hospital. He was operated on .. immediately (or so), he had gangreen (sp). He died of infection, late 50's. The family was suing the Doc they had called for a week. The jury had little to no interest. They wanted lunch and to go home. At one point I reached for the documents and a fellow juror had a fit. The Doc was found innocent. The problem was the infection. The hospital it not do blood work or it wasn't shown that they did, all days following the operation. That was what I wanted to read. The guy died of infection. Had he been operated on earlier would he be alive... more likely but who knows. The lawyer for the family left a lot of obvious holes he might have had the wrong doctor. In any case I would never use that guy....and he was supposedly a friend to the guy that died. He kinda was blaming his nurse for given out bad info. The family lawyer should have made it clear that he was responsible. So, at the end the Judge spoke with up and said that malpractice in Mass is tough. I was looking at a Doc for something once and found he had 2 major malpractice pay outs and slap on the wrist from the Board about a year later I just happen to look him up he was up to 6. When we first talked with him he blamed his nurse and computers. Red Flag. I read one of the complaints.... ya he was at fault ... he fluid a person into CHF and didn't recognized it .....