BY LIZ ROVER BAILEY, MMS SENIOR LEGAL COUNSEL
Medical malpractice litigation can be a complex and emotionally taxing process for physicians. To help ensure that only meritorious claims proceed to trial, Massachusetts law requires a tribunal — composed of a judge, an attorney, and a physician
— to review each case before it moves forward. This important screening mechanism helps protect physicians from the undue burden of defending against frivolous lawsuits while maintaining fairness in the legal process. Massachusetts law (both
statutory and regulatory) requires the Massachusetts Medical Society (MMS) to play a key role in this system by maintaining a list of physicians willing to serve on tribunals. Volunteering as a tribunal physician is a meaningful way to support
your colleagues, uphold the integrity of medical practice, and contribute to a fair legal process—all with minimal time commitment.
The tribunal reviews the plaintiff’s claims and allegations to decide whether the case may proceed. If the tribunal rules against the plaintiff, the plaintiff must post a bond to proceed to trial. Defense counsel and their clients value the role
of the tribunal in the medical liability litigation process for two primary reasons: (1) the tribunal helps to ‘weed out’ spurious claims that would otherwise subject the defendant to the needless strain of litigation, with its adverse effect
on the physician defendant’s time, emotions, finances, and professional well-being; and (2) the timing of the tribunal early in the litigation process allows defense counsel to review the plaintiff’s offer of proof (the ‘facts’ the plaintiff
alleges to support their case, including the opinion(s) of any expert witness(es) and theory of the case before the case goes to trial).
The physician member of the tribunal is responsible for guiding the tribunal in determining whether, even if everything happened exactly as the plaintiff claims, the defendant(s) nevertheless met the standard of care. Because such an inquiry is
specific to the area of medicine in which the (alleged) injury occurred, the physician member of the tribunal must have some expertise in the same area as the defendant(s).
Participating allows you to help eliminate lawsuits, helping your peers avoid malpractice litigation’s emotional, financial, and professional strain. Your time commitment for the hearing can be anywhere from fifteen to forty-five minutes, with
approximately another fifteen minutes of preparation time. Several hearings may take place on the same day, often back-to-back. The courts provide a $50 stipend per hearing to the physician member of the tribunal. Additionally, after the hearing,
AMA PRA Category 1 Credits (with risk management) are available by going to massmed.org/tribunal/participate and following the instructions.
In recent years, all tribunal hearings have occurred via Zoom, so physicians may attend from home or office or wherever is most convenient for them. Please join your colleagues in the implementation of this important screening tool by signing
up at:
massmed.org/Practice-Support/Legal-and-Regulatory/Medical-Malpractice-Tribunal-Volunteer-Sign-Up-Form.
