Malpractice Tribunal
In Massachusetts, in all dental malpractice lawsuits, the defendant dentist has the right to a tribunal prior to the commencement of discovery. Massachusetts law requires that a tribunal—consisting of a judge, an attorney, and a health care provider—screen a medical malpractice claim against a provider before the claim goes to trial to determine if there is enough evidence for the case to proceed. If the defendant is a dentist, the provider-member of the tribunal must also be a dentist.
If a tribunal rules in favor of the defendant (that there is not enough evidence to proceed), the plaintiff must post $6,000 bond to proceed with the litigation or the case is dismissed. Medical malpractice cases are the only cases that have this protection in place for defendants.
We ask that if you are able to serve as a dental member of a tribunal, you email us at membership@massdental.org. The more dentists that submit their names, the more efficiently courts can schedule tribunals and the fewer times each dentist will be asked to serve.
In all dental malpractice lawsuits in Massachusetts, the defendant dentist has the right to a tribunal prior to the commencement of discovery. The tribunal panel consists of a judge, a lawyer, and a dentist.
Tribunal Process
The patient must produce an offer of proof, which must contain a letter from an expert stating that the care rendered by the dentist was performed below the standard of care expected of the average qualified dentist. If the offer has such a letter, the tribunal will vote that there is sufficient evidence to proceed with the suit. If the letter is missing or ruled to be insufficient, the tribunal panel will rule that the offer is not sufficient, and in order for the patient to proceed with the suit, he or she must pass a $6,000 bond. Most patients do not post the bond, and the case is dismissed.
Additional Resources:
The Massachusetts Dental Society (MDS) has been asked by the Massachusetts Superior Court to assist it in creating a list of dentists willing to serve on a tribunal that would address civil claims brought against dentists. The tribunal would consist of a judge, an attorney, and a dental professional, who would determine if there is enough information in the case to proceed to a trial.
The MDS has agreed to recruit dentists to participate on a continual basis, and the MDS will maintain the directory of dentists who are interested in and available for tribunal service so that clerks may draw from a large pool of dentists when scheduling tribunal hearings.Maintaining a directory of tribunal participants is an ongoing effort. We are currently seeking dentists to be added to this list of willing participants.
Email us to sign up.
When scheduling tribunals, Massachusetts Superior Court clerks contact dentists included in the list provided by the MDS. The clerks contact the dentist directly and discuss their willingness and availability to participate on a given date and time.
- Help the profession and potentially eliminate frivolous malpractice lawsuits. You could be 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 and the clerks are unable to find a dentist to serve on the tribunal, then a recent Superior Court rule provides that the hearing may be held before a single judge.
- A dentist licensed under M.G.L. c. 112, §45 may obtain up to eight (8) CEs per licensing cycle for preparing for and serving on a dental malpractice tribunal. (A dentist may claim only credit commensurate with the extent of his or her participation on the tribunal and for which he or she has retained adequate documentation of tribunal participation and the extent of such participation.)
- Receive a $50 stipend per case. We know it’s not much, but it is some acknowledgement of your contribution to the legal process.
The MDS believes that the tribunal system allows dentists 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.
In advance of the tribunal, the dentist receives, and is expected to review and be familiar with, various documents (e.g., offer of proof, expert report, complaint, medical records, and others) in each case. Upon arrival at the court, the members of the tribunal (dentist, judge, and attorney) meet to discuss the case, and then go to a tribunal hearing, which may last 15 to 45 minutes per case. Several hearings can take place on the same day, often back-to-back. After the hearing, the tribunal members will deliberate and reach a determination regarding the case’s apparent merits.
Based on dentist feedback, we understand that the court clerk scheduling the tribunal will contact the dentist a month or more in advance of the proposed tribunal hearing date. There is often flexibility as to the time and date. If you cannot arrange a workable time with the clerk, you can decline to participate in the tribunal.
If you have any additional questions regarding the Tribunal Panel, contact Sarah Pilling at spilling@massdental.org.
Please email us to volunteer for the Tribunal Panel.
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