Polanco v. SandorAnnotate this Case
At issue in this medical malpractice action was whether a surety bond in the amount of $6,000 satisfied the requirement of Mass. Gen. Laws ch. 231, 60B that a plaintiff wishing to proceed after a tribunal has found in favor of a defendant must file “bond in the amount of [$6,000] in the aggregate secured by cash or its equivalent.”
A medical malpractice tribunal concluded that there was not evidence sufficient to raise a legitimate question of liability appropriate for judicial inquiry, as required by section 60B. Plaintiff then filed a surety bond in the amount of $6,000 in order to pursue his claim through the judicial process. A superior court judge allowed a defendant’s motion to strike the surety bond and to dismiss the complaint, concluding that the surety bond did not satisfy Plaintiff’s statutory obligation. The Supreme Judicial Court affirmed, holding that a surety bond in the face amount of $6,000 is not the “equivalent” of $6,000 in cash for purposes of Mass. Gen. Laws ch. 231, 60B.