The judge further found that the plaintiffs offer of proof
to a medical-malpractice tribunal did not in and of itself trigger an affirmative duty on the part of the defendant to respond with another offer of settlement.
After a hearing, the tribunal determined that her expert opinion letter and her offer of proof did not present evidence sufficient to raise a legitimate question of liability appropriate for judicial inquiry.
The court held, inter alia, that a medical malpractice tribunal must determine if a plaintiff's offer of proof contains evidence which, if properly substantiated, is sufficient to raise a legitimate question of liability appropriate for judicial inquiry.
A medical malpractice tribunal determined that the plaintiff's offer of proof as to the liability of Nurse Payne was insufficient.
COURT'S OPINION: The Appeals Court of Massachusetts remanded the case to the Superior Court after vacating the separate judgment dismissing the plaintiff's complaint against Nurse Payne, and in substitution thereof, a determination entered that the offer of proof made by the plaintiff was sufficient to raise a legitimate question of liability appropriate for judicial inquiry.
Under that standard, a plaintiff's offer of proof
as to negligence will prevail before a medical tribunal if a plaintiff can show: (I) the defendant is a provider of health care as defined under Massachusetts law; (2) the health care provider did not conform to good medical practice; and (3) damage resulted therefrom.
b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.
If the court has made a definitive ruling on the record admitting or excluding evidence either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error
Microsoft included in its filing a justification for its decision to present an offer of proof
in the record during the court proceeding of May 24.
Rose Benwald, an obstetrician, who remained a party to the case in Superior Court The plaintiff's offer of proof
consisted of labor and delivery records of Caritas Good Samaritan Hospital, medical and rehabilitation records of Samantha, and an opinion letter (with attached curriculum vitae) prepared by Dr.