Little v. Rosenthal, 382 N.E.2d 1037 (Mass. 1978). · Go Syfert
Little v. Rosenthal, 382 N.E.2d 1037 (Mass. 1978). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 1988 · …in ruling on a defendant's motion for directed verdict. at p. 578 ✓
cited 2× by 1 distinct case, last quoted 1983 · …the tribunal procedure into a miniature trial of all issues. at p. 577 ⚠ not in text
147 citation events (61 in the last 25 years) across 9 distinct courts.
Strongest positive: MCCUSKER v. UNITED STATES OF AMERICA (mad, 2023-12-13)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) MCCUSKER v. UNITED STATES OF AMERICA
D. Mass. · 2023 · confidence medium
Under Massachusetts law, “all ‘treatment-related’ claims [are to] be referred to medical malpractice tribunals.” Lane v. Winchester Hosp., 187 N.E.3d 1025 , 1027-28 (Mass. App. Ct. 2022) (citing Little v. Rosenthal, 382 N.E.2d 1037, 1040 (Mass. 1978)).
discussed Cited as authority (rule) SETH EARLEY v. SUMNER A. SLAVIN.
Mass. App. Ct. · 2022 · confidence medium
The law is settled that all claims implicating the medical judgment of a health care provider, regardless of their label, must be screened by a malpractice tribunal, see Little v. Rosenthal, 376 Mass. 573, 577 (1978); Lane v. Winchester Hosp., 101 Mass. App. Ct. 74, 76 (2022), and nothing we have said should be taken to relax that requirement.
discussed Cited as authority (rule) EMILY LANE v. WINCHESTER HOSPITAL & another. (2×)
Mass. App. Ct. · 2022 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Pomeroy v. United States
D. Mass. · 2018 · confidence medium
Massachusetts defines medical malpractice “broadly to encompass ‘all treatment-related claims.’” Vasa v. Compass Med., P.C., 456 Mass. 175, 177 (2010) (quoting Little v. Rosenthal, 376 Mass. 573, 576 (1978)).
discussed Cited as authority (rule) Bayless v. TTS Trio Corp.
Mass. · 2016 · confidence medium
The defendants argue that in Little v. Rosenthal, 376 Mass. 573, 578 (1978), this court decided that the phrase “legitimate question of liability” in § 60B created a heightened pleading standard that is analogous to a judge deciding a defendant’s motion for a directed verdict.
discussed Cited as authority (rule) Goudreault v. Nine
Mass. App. Ct. · 2015 · confidence medium
See Santos v. Kim, 429 Mass. 130, 132-134 (1999); Washington v. Cranmer, 86 Mass. App. Ct. 674, 675 (2014). 9 Because the determination of sufficiency before a tribunal is a factual one, Kopycinski v. Aserkoff, 410 Mass. 410, 413 (1991), the tribunal’s task is “akin to a trial judge’s evaluation of a motion for a directed verdict.” Cooper v. Cooper-Ciccarelli, 77 Mass. App. Ct. at 91, citing Little v. Rosenthal, 376 Mass. 573, 578 (1978).
examined Cited as authority (rule) Washington v. Cranmer (3×)
Mass. App. Ct. · 2014 · confidence medium
General Laws c. 231, § 60B, the medical malpractice tribunal statute, applies broadly to “all treatment-related claims” involving a “provider of health care.” Vasa v. Compass Med., P.C., 456 Mass. 175, 177 (2010), quoting from Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Cook v. Iacono
Mass. Super. Ct. · 2014 · confidence medium
“Although the medical malpractice tribunal statute does not define an ‘action for malpractice, error or mistake,’ see G.L.c. 231, §60B, our case law has defined the phrase broadly to encompass ‘all treatment-related claims.’ ” Vasa v. Compass Medical, P.C., 456 Mass. 175, 177 (2010), quoting Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Chang v. Harvard Vanguard Medical Associates, Inc.
Mass. App. Ct. · 2010 · confidence medium
There is no merit to the plaintiff’s threshold argument that a judge may not entertain a summary judgment motion where a medical malpractice tribunal previously has determined that the plaintiff’s offer of proof met the directed verdict standard articulated in Little v. Rosenthal, 376 Mass. 573, 578 (1978).
discussed Cited as authority (rule) Cooper v. Cooper-Ciccarelli
Mass. App. Ct. · 2010 · confidence medium
L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5, medical malpractice actions “shall be heard by a tribunal consisting of a single justice of the superior court, a physician licensed to practice medicine in the commonwealth . . . and an attorney authorized to practice law in the commonwealth, at which hearing the plaintiff shall present an offer of proof and said tribunal shall determine if the evidence presented if properly substantiated is sufficient to raise a legitimate question of liability appropriate for judicial inquiry . . . .” Section 60B requires a plaintiff to do more than…
cited Cited as authority (rule) Vasa v. Compass Medical, P.C.
Mass. · 2010 · confidence medium
L. c. 231, § 60B, our case law has defined the phrase broadly to encompass “all treatment-related claims.” Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Brace v. Massachusetts (2×)
D. Mass. · 2009 · confidence medium
Little v. Rosenthal, 376 Mass. 573 , 382 N.E.2d 1037, 1041 (1978).
discussed Cited as authority (rule) Fadgen v. Fairlawn Medical Investors, LLC (2×)
Mass. Super. Ct. · 2009 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Bing v. Drexler (2×) also: Cited "see"
Mass. App. Ct. · 2007 · confidence medium
Applying the directed verdict standard, see Little v. Rosenthal, 376 Mass. 573, 578 (1978), the tribunal could find that, on February 23, 2001, the plaintiffs’ decedent (Bing) went to an office of defendant Fallon Clinic, Inc., complaining of stomach pain.
examined Cited as authority (rule) Segal v. First Psychiatric Planners, Inc. (5×) also: Cited "see", Cited "see, e.g."
Mass. App. Ct. · 2007 · confidence medium
“General Laws c. 231, § 60B, inserted by St. 1975, c. 362, § 5, empowers a screening tribunal to appraise ‘[e]very, action for malpractice, error or mistake against a provider of health care.’ ” Little v. Rosenthal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Koltin v. Beth Israel Deaconess Medical Center
Mass. App. Ct. · 2004 · confidence medium
The remaining count, naming as defendants Beth Israel, its security services provider, and three security guards, alleged an incident in which the security guards “without provocation, assaulted, beat and threatened Koltin while he was legally on the [hospital] premises.” These actions were said to constitute “assault and batteries, false imprisonment, and intentional infliction of emotional distress [and] were violations of Koltin’s civil rights.” Missing is any allegation of “medical ‘malpractice, error or mistake.’ ” Little v. Rosenthal, 376 Mass. 573, 577 (1978), quoting …
discussed Cited as authority (rule) Darviris v. Petros
Mass. App. Ct. · 2003 · confidence medium
On appeal, the plaintiff argues that c. 93A “applies to all acts of unfair and deceptive trade practices, including those that arise in the context of a patient-physician relationship,” citing Little v. Rosenthal, 376 Mass. 573, 577 (1978), and Riley v. Presnell, 409 Mass. at 243 .
discussed Cited as authority (rule) Million v. Deaconess Waltham Hospital
Mass. Super. Ct. · 2001 · confidence medium
The tribunal procedure, therefore is appropriate only where there is an “issue of medical malpractice, error or mistake.” Leiniger v. Franklin Medical Center, 404 Mass. 245, 248 (1989), citing Little v. Rosenthal, 376 Mass. 573, 577 (1978).
discussed Cited as authority (rule) Kelly v. Brigham & Women's Hospital
Mass. App. Ct. · 2001 · signal: cf. · confidence medium
Cf. Little v. Rosenthal, 376 Mass. 573, 576-577 (1978) (noting that “all treatment-related claims,” but not necessarily all health care practices, fall within malpractice tribunal jurisdiction).
cited Cited as authority (rule) Haywood v. Rechen
Mass. App. Ct. · 1998 · confidence medium
Germain v. Pfeifer, 418 Mass. 511, 516 (1994),. citing Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Bohl v. Leibowitz
D. Mass. · 1998 · confidence medium
Little v. Rosenthal, 376 Mass. 573 , 382 N.E.2d 1037, 1040 (1978).
discussed Cited as authority (rule) Fitzgerald v. Goldberg
Mass. Super. Ct. · 1998 · confidence medium
See Riley v. Presnell, 409 Mass. 239, 243 (1991) (in medical malpractice action, only c. 93A claim may have been filed within the applicable statute of limitations); Little v. Rosenthal, 376 Mass. 573, 576 (1978) (where c. 93A claim is based upon same facts as counts for medical malpractice, plaintiff must proceed through medical malpractice tribunal).
discussed Cited as authority (rule) Nickerson v. Lee
Mass. App. Ct. · 1997 · confidence medium
L. c. 231, a plaintiff is required to adduce an “offer of proof’ that persuades the tribunal “that a legitimate question of liability ha[s] been raised.” Little v. Rosenthal, 376 Mass. 573, 578-579 (1978).
cited Cited as authority (rule) Keppler v. Tufts
Mass. App. Ct. · 1995 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Brown v. Auster
Mass. Super. Ct. · 1995 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 579 (1978).
discussed Cited as authority (rule) Smith v. Marrone
Mass. Super. Ct. · 1994 · confidence medium
“If this kind of circumvention of the §60B tribunal were permitted, the legislative scheme to establish a screening process for malpractice results would be partially thwarted and insurance premiums would necessarily increase in proportion to the costs of defending against frivolous claims.” Little v. Rosenthal, 376 Mass. 573, 577 (1978).
discussed Cited as authority (rule) Booth v. Silva
Mass. App. Ct. · 1994 · confidence medium
Beyond that, the statute offers a tribunal little guidance other than to indicate that “[a]dmissible evidence shall include, but not be limited to, hospital and medical records, nurses’ notes, x-rays and other records kept in the usual course . . ., statements of fact or opinion on a subject contained in a published treatise, periodical, book or pamphlet or statements by experts without the necessity of such experts appearing at [the] hearing.” Appellate decisions have fleshed out the applicable standard by establishing that “the tribunal’s task should be compared ... to the trial ju…
discussed Cited as authority (rule) Heyman v. Knirk
Mass. App. Ct. · 1994 · confidence medium
She is faced with either living with her painful feet or undergoing future surgery, with no guaranteed results .... “[B]ased upon review of the aforementioned medical material, in addition to a lower extremity examination, evaluation, interview and x-rays of Mrs. Heyman, within a reasonable degree of medical certainty, Dr. Knirk did deviate from accepted medical care in his treatment of Jackie Heyman.” At the hearing before the malpractice tribunal, counsel for Dr. Knirk raised two arguments: 1) that the opinion of a doctor of podiatric medicine would not meet the directed verdict standard…
cited Cited as authority (rule) Shaw v. Alexander
Mass. Super. Ct. · 1993 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Joudrey v. Nashoba Community Hospital, Inc.
Mass. App. Ct. · 1992 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Blake v. Avedikian
Mass. · 1992 · confidence medium
Indeed, the statute goes further by expressly delineating possible sources of admissible evidence . . . .” (Emphasis supplied.) Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Johnston v. Stein
Mass. App. Ct. · 1990 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 576 (1978).
cited Cited as authority (rule) Leininger v. Franklin Medical Center
Mass. · 1989 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 577 (1978), quoting G.
cited Cited as authority (rule) Champagne v. Massachusetts Nurses Ass'n
Mass. · 1989 · confidence medium
Little v. Rosen-thal, 376 Mass. 573, 576 (1978).
discussed Cited as authority (rule) Blood v. Lea
Mass. · 1988 · confidence medium
The plaintiffs correctly state that the tribunal must use the same standard that a judge would use “in ruling on a defendant’s motion for directed verdict.” Little v. Rosenthal, 376 Mass. 573, 578 (1978).
discussed Cited as authority (rule) Coughlin v. Bixon
Mass. App. Ct. · 1987 · confidence medium
It has been settled by Little v. Rosenthal, 376 Mass. 573, 578 (1978), and Kapp v. Ballentine, 380 Mass. 186, 191 (1980), that in passing upon the sufficiency of a plaintiff’s offer of proof, a medical malpractice tribunal is to employ a directed-verdict standard.
cited Cited as authority (rule) Kulas v. Webber
Mass. App. Ct. · 1985 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Jasper v. Tomaiolo
Mass. App. Ct. · 1985 · confidence medium
Its task has been “compared ... to the trial judge’s function in ruling on a defendant’s motion for directed verdict.” Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Pallazola v. Rucker
D. Mass. · 1985 · confidence medium
See, e.g., Denton v. Beth Israel Hospital, 392 Mass. 277, 279-80 , 465 N.E.2d 779, 781 (1984); Little v. Rosenthal, 376 Mass. 573, 578 , 382 N.E.2d 1037, 1041 (1978).
cited Cited as authority (rule) Girard v. Crawford
Mass. App. Ct. · 1982 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
cited Cited as authority (rule) Comfort v. Goodkind
Mass. Super. Ct. · 1981 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 576 (1978). ' In light of Kapp, some exposition of the tribunal’s reasoning is warranted.
cited Cited as authority (rule) Delicata v. Bourlesses
Mass. App. Ct. · 1980 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578 (1978).
discussed Cited as authority (rule) Rose Brodie v. Gardner Pierce Nursing & Rest Home, Inc.
Mass. App. Ct. · 1980 · confidence medium
To con- *642 elude from this, however, that count one of the complaint (based on negligent maintenance of the stairway) is properly within the tribunal’s jurisdiction is to ignore the teaching of Little v. Rosenthal, 376 Mass. 573, 577 (1978), that only “ treatment-related claims” are to be referred to a malpractice tribunal.
discussed Cited as authority (rule) Flagg v. Scott (2×) also: Cited "see"
Mass. App. Ct. · 1980 · confidence medium
Little v. Rosenthal, 376 Mass. 573, 578-579 (1978).
discussed Cited as authority (rule) Hanley v. Polanzak
Mass. App. Ct. · 1979 · confidence medium
Hosp., 372 Mass. at 655 n.4; Paro v. Longwood Hosp., 373 Mass. 645, 651 [1977]; Little v. Rosenthal, 376 Mass. 573, 577 [1978]; Aker v. Pearson, 7 Mass. App. Ct. at 555 ), and to insure that the costs incurred by malpractice insurers in the defense of meritless *274 claims 8 would be at least partially defrayed by the amount of a cash bond.
examined Cited "see" Feliciano v. Attanucci (4×)
Mass. App. Ct. · 2019 · signal: see · confidence high
See Little v. Rosenthal , 376 Mass. 573 , 578, 382 N.E.2d 1037 (1978).
discussed Cited "see" Thou v. Russo
Mass. App. Ct. · 2014 · signal: see · confidence high
See Little v. Rosenthal, 376 Mass. 573, 578 (1978) (tribunal’s task similar to trial judge’s function in ruling on defendant’s motion for directed verdict).
cited Cited "see" Faircloth v. DiLillo
Mass. · 2013 · signal: see · confidence high
See Little v. Rosenthal, 376 Mass. 573, 577 (1978).
cited Cited "see" Ruggiero v. Giamarco
Mass. App. Ct. · 2009 · signal: see · confidence high
See Little v. Rosenthal, 376 Mass. 573, 576 (1978).
cited Cited "see" Anderson v. Attar
Mass. App. Ct. · 2006 · signal: see · confidence high
See Little v. Rosenthal, 376 Mass. 573, 576 (1978).
Retrieving the full opinion text from the archive…
Mathilda Little vs. Myron Rosenthal (And Three Companion Cases)
Massachusetts Supreme Judicial Court.
Nov 9, 1978.
382 N.E.2d 1037
1978 Mass. LEXIS 1145
Richard H. Gens (David S. Fox with him) for Mathilda Little., Allan E. Taylor for Myron Rosenthal., James E. Grumbach & Roberta L. Brundrett for the Bay State Management Co.
Hennessey, Quirico, Braucher, Kaplan, Liacos.
Cited by 88 opinions  |  Published
[*574] Hennessey, C.J.

The plaintiff, Mathilda Little, brought these now consolidated actions in December, 1976, in the Superior Court in Norfolk County, seeking to recover damages for personal injuries suffered while she was a patient of Dr. Myron Rosenthal and of Jamaica Towers Nursing Home. In four separate complaints, the plaintiff alleged that Dr. Rosenthal and the nursing home were each liable for medical malpractice and that each violated G. L. c. 93A, the Consumer Protection Act.

All four cases were referred for consideration to malpractice screening tribunals constituted pursuant to G. L. c. 231, § 60B. [1] After a full hearing, each tribunal found the plaintiff’s offer of proof insufficient to raise any legitimate question of liability appropriate for judicial inquiry. The plaintiff thereafter filed motions to reduce the statutory bond of $2,000 and for waiver, substitution or county payment of bond premium, pursuant to G. L. c. 261, § 27B. These motions were denied, and, when the plaintiff subsequently failed to furnish the bond, her actions were dismissed. She appealed, and we transferred the appeal to this court by our own motion.

The plaintiff in her appeal raises a number of constitutional objections to the malpractice screening procedure. All the constitutional issues which would be properly before us were answered in Paro v. Longwood Hosp., 373 Mass. 645 (1977), where we sustained the constitutionality of § 60B. Therefore, we need not consider these issues further.

The plaintiff appeals on three additional grounds, however. She first contends that the actions she brought under c. 93A were not subject to the medical malpractice screening procedure and were thus improperly dismissed.[*575] She further maintains that the tribunals erred in finding that the offers of proof presented on her behalf were insufficient to raise a legitimate question of liability appropriate for judicial inquiry under c. 231, § 60B. Finally, she argues that the tribunal judges erred by denying her motions to reduce the bond requirement imposed as a condition for further prosecution. For the reasons discussed below, we conclude that there was no error by the malpractice tribunals and we affirm the judges’ dismissal of all four complaints.

We summarize the facts. On October 3,1975, the plaintiff, Mathilda Little, was admitted to the Jamaica Towers Nursing Home and to the care of Dr. Myron Rosenthal. Suffering from depression, paranoia, and extreme obesity, the sixty-nine year old plaintiff had experienced a period of profound grief the prior August immediately after the death of her husband. The plaintiff remained a patient at Jamaica Towers Nursing Home for approximately eight weeks. Near the end of her stay, she began to suffer from dehydration and bedsores, as a result of which she was transferred to St. Elizabeth’s Hospital on November 28 for treatment.

The plaintiff, in two of her four complaints, alleges that the nursing home operator and the attending physician, Dr. Rosenthal, were negligent and in breach of contract for failing to provide a medical plan and proper nursing care while she was a patient at the institution. In the two other complaints, the plaintiff alleges that each defendant violated G. L. c. 93A by engaging in unfair trade practices. Following the filing of answers, all parties appeared before properly constituted medical malpractice tribunals. The plaintiff, while objecting to consideration of her c. 93 A claims by such a tribunal, made an offer of proof which included some of the plaintiffs nursing home reports, a copy of the Department of Public Health’s Rules and Regulations for the Licensing of Long Term Care Facilities, and a letter signed by two physicians critical of the defendants. The panels found that the evi[*576] dence presented was insufficient to raise a legitimate question appropriate for judicial inquiry. A bond of $2,-000 was required of the plaintiff as a condition for continuance of the actions; motions for reduction of the bond amount, on grounds of financial hardship, were denied; and, when the plaintiff did not file the bond within the allotted period, the actions were dismissed.

1. The central issue in these cases is whether the second tribunal erred in considering the plaintiffs claims of unfair trade practice under c. 93A. It is the plaintiffs contention that the procedural instructions of G. L. c. 93A, § 9, [2] exempt such claims from the medical malpractice screening procedure. We do not agree. General Laws c. 231, § 60B, inserted by St. 1975, c. 362, § 5, empowers a screening tribunal to appraise "[ejvery action for malpractice, error or mistake against a provider of health care.” We believe that this language indicates that all treatment-related claims were meant to be referred to a malpractice tribunal. Indeed, an examination of § 60B’s legislative history reveals that the Legislature declined to restrict the tribunal’s jurisdiction to "every action of tort or breach of contract.” Instead, the Legislature chose language — "[ejvery action for malpractice, error or mistake” — which evinces an intent that every case involving medical malpractice be appraised by a § 60B screening tribunal. "There is no apparent exception.” Austin v. Boston Univ. Hosp., 372 Mass. 654, 660 (1977). See Barshak, President’s page, 19 Boston B.J. No. 9, at 5 (Oct. 1975).

Moreover, if c. 93A actions against health providers were deemed outside the jurisdiction of the screening tribunal, plaintiffs would institute such actions in the Superior Court and thus avoid "the screening process, the possibility of a bonding requirement being imposed, and the resultant statutory liability in the amount of the bond for expenses if the defense is successful.” Byrnes v. Kirby, [*577] 453 F. Supp. 1014, 1019 (D. Mass. 1978). If this kind of circumvention of the § 60B tribunal were permitted, the legislative scheme to establish a screening process for malpractice suits would be partially thwarted, and insurance premiums would necessarily increase in proportion to the costs of defending against frivolous claims. Since the tribunal procedure was intended to eliminate such costs by way of pretrial screening, see Paro v. Longwood Hosp., 373 Mass. 645, 647 (1977); Austin, supra at 655 n.4, legislative policy, as well as statutory language, would appear to dictate tribunal consideration of c. 93A claims of improper medical treatment.

Nevertheless, we distinguish those c. 93A actions which allege unfair trade practices in medical treatment from those which merely raise such questions as fraudulent or deceptive billing practices by a health care provider. See SDK Medical Computer Servs. Corp. v. Professional Operating Management Group, Inc., 371 Mass. 117 (1976). In the latter case, the tribunal procedure would be inappropriate since there would be no issue of medical "malpractice, error or mistake.” [3] No such problem, however, is presented by the instant cases. Since the plaintiff herself admits that the same set of facts supports both her malpractice claims and her c. 93A claims, the tribunals were correct in considering the merits of all her actions.

2. The plaintiff next maintains that each screening panel exceeded the scope of its statutory authority, and improperly judged her claims, by applying too stringent a standard to her offer of proof. It is submitted by the plaintiff that the proper role for the tribunal is one analogous to that of a judge faced with a motion for dismissal under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). As in that situation, where the judge must determine merely whether the plaintiff has stated grounds on which relief[*578] may be granted, the plaintiff here suggests that the tribunals’ determination should be strictly grounded on the sufficiency of the plaintiff’s allegations.

Our reading of the statute suggests otherwise. Section 60B, albeit imprecise, plainly requires the plaintiff to do more than simply plead facts constituting a legal cause of action. The statute instructs the tribunal to "determine if the evidence presented ... is sufficient to raise a legitimate question of liability appropriate for judicial inquiry” (emphasis supplied). Indeed, the statute goes further by expressly delineating possible sources of admissible evidence, and it even empowers the tribunal to "summon or subpoena any such records or individuals to substantiate or clarify any evidence which has been presented before it... [or] to conduct any necessary professional or expert examination of the claimant or relevant evidentiary matter and to report or to testify as a witness thereto.” In view of these provisions, it is clear that the tribunal’s mandate is to evaluate evidence. [4] Thus, the tribunal’s task should be compared, not to the process of dismissal, under Mass. R. Civ. P. 12 (b) (6), but rather to the trial judge’s function in ruling on a defendant’s motion for directed verdict. See McLaughlin, A Look at the Massachusetts Malpractice Tribunal System, 3 Am. J. of L. & Med. 197, 205 (1977). Accordingly, the panels did not err in failing to accept the plaintiff’s allegations as a sufficient offer of proof to justify further judicial inquiry. Moreover, we cannot say that the tribunals erred in their appraisal of the proffered evidence, since we believe that the plaintiff’s offer of proof was insufficient to warrant a[*579] conclusion that a legitimate question of liability had been raised.

3. Lastly, the plaintiff asserts that the judges erred by failing to grant her motion to reduce the required bond under § 60B. We disagree. The power to reduce the required bond under c. 231, § 60B, is discretionary with the presiding judge, Paro, supra at 653-654, and the record fails to disclose any abuse of discretion. The plaintiff also challenges the presiding judges’ denial of her "request for waiver, substitution or county payment of fees and costs,” pursuant to G. L. c. 261, § 27D, inserted by St. 1974, c. 694, § 3. However, we need not reach this question, inasmuch as it is not properly before this court. [5]

Judgments affirmed.

1

Two tribunals were convened. The first, held March 17,1977, considered the plaintiffs action for negligence and breach of contract against Dr. Rosenthal. A second, combined tribunal considered on April 20,1977, the actions under c. 93A against Jamaica Towers Nursing Home and Dr. Rosenthal and the action for negligence and breach of contract against the nursing home.

2

Section 9 (1) of c. 93A directs such plaintiffs to bring actions in the Superior Court.

3

Regardless of forum, we again note that "[t]he existence of unfair acts and practices must be determined from the circumstances of each case.” Commonwealth v. DeCotis, 366 Mass. 234, 242 (1974).

4

The statute does not call for a preliminary "trial” of the case, or a consideration of the "evidence,” in the full sense of these procedures. On the other hand, a plaintiff does not satisfy his burden by merely making a verbal offer of proof or, as we make plain in the instant case, by merely alleging an adequate array of facts in the pleadings. The .statute gives examples of the documentary presentation, such as doctors’ reports, which will be acceptable in support of the plaintiff’s claim.

5

Chapter 261, § 27D, directs appeals of denied Superior and Probate Court motions, for "waiver, substitution or county payment of fees and costs” to the single justice of the Appeals Court.