What is a Tribunal?
Massachusetts law requires that a tribunal – consisting of a judge, an attorney, and a provider (a physician, if the defendant is a physician) – review the preliminary evidence in every medical malpractice case in Massachusetts to determine if there is
enough evidence to take the claim to trial.
Tribunals screen out approximately 16% of all medical malpractice cases in Massachusetts. (data provided by Coverys)
Since being established by statute in 1976, tribunals have reviewed preliminary evidence in every Massachusetts medical malpractice case. If a tribunal rules in favor of the defendant (that there is not enough evidence of failure to meet the standard
of care for the case to proceed), the plaintiff must post $6,000 bond, or else the case is dismissed.
What happens at a Tribunal proceeding?
The plaintiff and their attorney are questioned, and evidence is presented. Demonstrating your expertise is crucial. As a physician tribunal member, you play an essential role by contributing valuable insights to identify and dismiss malpractice cases
that lack clinical evidence or factual support.
Why should I participate?
- Help potentially eliminate frivolous malpractice lawsuits. You could be effectively helping your peers avoid the emotional, financial and professional strain of malpractice litigation.
- Maintain a robust tribunal system. If a defendant asserts the right to a tribunal, it is important that the tribunal hearing be thorough and robust.
- If the clerks are unable to find a physician to serve on the tribunal, then a 2018 Superior Court rule provides that the hearing may be held before a single judge.
- Your expertise is critical to the tribunal process.
- Earn AMA PRA Category 1 Credit™ and risk management study.
- Receive a stipend of $50.00 per case from the Massachusetts Superior Court.
The Society believes that the tribunal system allows physicians to assist each other while learning more about the legal process. Your participation can help ensure the tribunal remains
an integral part of the litigation process.
What is MMS’s role?
The Massachusetts Medical Society (“MMS”) has been charged with the responsibility of maintaining a directory of potential physician tribunal members for the Commonwealth since 1976, when Mass. G.L., ch.231, §60B was enacted.
The statute lays out requirements for the medical member of the tribunal, and states that if the defendant is a physician, the MMS is responsible for providing a list of physicians who can serve on a given tribunal.
MMS actively recruits and maintains a directory of physicians who are interested in, and available for, tribunal service, and generates a case-specific list. This list is used by the Massachusetts Superior Court clerks when scheduling tribunals.
Maintaining a directory of tribunal participants is an ongoing effort. We are currently seeking physicians to be added to this directory of willing participants.
What is the Superior Courts’ Role?
The Massachusetts Superior Court clerks, when scheduling tribunals, will contact possible physician volunteers directly and discuss their willingness and availability to participate on a given date.
When scheduling tribunals, the Massachusetts Superior Court clerks will use the list of physicians provided by the MMS. The clerks will contact you when your expertise is requested.
Accreditation Statement
The Massachusetts Medical Society is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.
AMA Credit Designation Statement
The Massachusetts Medical Society designates this other activity (consisting of live and enduring material) for a maximum of 3.00 AMA PRA Category 1 CreditsTM. Physicians should claim only the credit commensurate with the extent of their
participation in the activity.
This activity meets the criteria for the Massachusetts Board of Registration in Medicine for risk management study.
Disclosure Statement
All individuals in control of the content for a Massachusetts Medical Society accredited continuing education activity must disclose all financial relationships with ineligible companies for the past 24-months. For this activity, individuals in control
of content did not disclose any relevant financial relationships with ineligible companies.
Activity Term
Original Release Date: January 1, 2025
Termination Date: December 31, 2028
Medical Malpractice Tribunal Directory
