Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85N (2026)

Liability of licensed members of certain professional societies and committees for damages resulting from official acts

✓ current as of July 2026

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Section 85N. No member of a professional society or of a duly appointed committee thereof, or a duly appointed member of a committee of a medical staff of a licensed hospital or a health maintenance organization licensed under the provisions of chapter one hundred and seventy-six G shall be liable in a suit for damages as a result of his acts, omissions or proceedings undertaken or performed within the scope of his duties as such committee member, provided that he acts in good faith and in the reasonable belief that based on all of the facts the action or inaction on his part was warranted; nor shall an individual be liable in a suit for damages as a result of acts, omissions or proceedings undertaken or performed within the scope of his duties to a nonprofit corporation, the sole voting member of which is a professional society having as members persons who are licensed to practice medicine; provided, however, that such individual acts in good faith and in the reasonable belief that based on all of the facts the action or inaction on his part was warranted.

For the purposes of this section ''professional society'' shall mean a society having as members persons who are licensed or admitted to practice in the field of law, medicine, chiropractic, optometry, psychiatry or psychology, dentistry, accounting, engineering, land surveyor, as set forth in section eighty-one D of chapter one hundred and twelve, architecture or social work.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1976–2025 · leading case: Pardo v. Gen. Hosp. Corp., 841 N.E.2d 692 (Mass. 2006).

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Pardo v. Gen. Hosp. Corp., 841 N.E.2d 692 (Mass. 2006). · cites it 2× “111, § 204 (b); G. L. c. 231, § 85N. 22 Neither the language of the statute nor its legislative history elucidates the precise boundaries the Legislature sought to establish when abrogating the immunity from discovery in certain cases.”

Cronin v. Strayer, 467 N.E.2d 143 (Mass. 1984). · cites it 2× “In his memorandum and order, the judge noted that “G. L. c. 231, § 85N does grant such Committees immunity from liability for good faith actions.”

Duby v. Baron, 341 N.E.2d 870 (Mass. 1976). · cites it 3× “See G. L. c. 231, § 85N, inserted by St. 1972, c.”

Carr v. Howard, 426 Mass. 514 (Mass. 1998). “111, § 204 (Jb) (permitting use of proceedings, reports, findings and records of a peer review committee in an action under G. L. c. 231, § 85N, against a member of a committee for engaging committee duties in bad faith).”

Vranos v. Skinner, 930 N.E.2d 156 (Mass. App. Ct. 2010). “In addition to the statutes that bar use of peer review documents in judicial proceedings, G. L. c. 231, § 85N, inserted by St. 1972, c.”

Vranos v. Franklin Med. Ctr., 448 Mass. 425 (Mass. 2007). · cites it 2× “*435 The Legislature has permitted the subject of a medical peer review to pierce the statutory privilege to establish a cause of action against the member of a peer review committee for the member’s failure to act in good faith pursuant to G. L. c. 231, § 85N. We have…”

Pardo v. Gen. Hosp. Corp., 13 Mass. L. Rptr. 544 (Mass. Super. Ct. 2001). “111, §203; and (2) an affidavit setting forth the existence of inconsistencies in depositions and discovery, along with the allegations in his second amended complaint, are sufficient indicia of bad faith to pierce the peer review privilege and to allow use of his SRC transcript…”

Birbiglia v. St Vincent Hosp., 3 Mass. L. Rptr. 407 (Mass. Super. Ct. 1994). “Furthermore, in the situation at hand, the acts or practices must be such that the immunity provisions of the Health Care Quality Improvement Act of 1986 or of G.L.c. 231, §85N, or of G.L.c. 111, §203(c), protecting physicians and hospitals from liability arising out of…”

Dunn v. Keefe, 19 Mass. L. Rptr. 707 (Mass. Super. Ct. 2005). · cites it 3× “The plaintiff alleges liability pursuant to G.L.c. 231, §85N. The defendant moves for a protective order based on the statutory privileges of G.”

Robin Lang v. John Barry, M.D. (Mass. Super. Ct. 2025). “[5] The only state law relevant to peer review committees is G.L.c.231, §85N. This statute grants members of staff committees immunity against civil suits for their activities taken in conjunction with their role on peer review committees.”

Zisk v. Quincy Hosp., 834 N.E.2d 287 (Mass. App. Ct. 2005). “He also asserted claims for tortious interference with contractual and advantageous relations, intentional and negligent infliction of emotional distress, and bad faith in the conduct of professional review proceedings pursuant to G. L. c. 231, § 85N, against the individual…”

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