Massachusetts Medical Malpractice Statute of Limitations

Doctors and other health care professional have an obligation to provide the quality of care that meets accepted standard in the medical community.  If they are guilty of negligent actions, or negligent inaction, that causes injury to a patient, the victim can file a medical malpractice suit against them.  There are many regulations in each state for filing such suits, but one of the primary considerations is the statute of limitations, which restricts the time in which a plaintiff can file suit against a medical provider.  While each state’s limits are different, Massachusetts has a general statute of limitations for medical malpractice suits of 7 years.

Time Limits for Filing a Claim

While the statute of limitations for medical malpractice lawsuits in Massachusetts is 7 years, that limit can vary depending on the type of case and/or the type of plaintiff.  Such actions must begin within 3 years of the injury.  The exception to that limit is for foreign objects negligently left inside a patient, but which are initially unknown to the victim.  The statute of limitations for those cases is 7 years from when the victim discovers the injury or from when they should have discovered the injury under reasonable circumstances.  In addition, for minors under the age of 6 years old who have a medical malpractice claim, suit must be filed by the time the victim is 9 years old, or within the 7-year statute of limitations, whichever is sooner.

Negligence Laws

In Massachusetts, the negligence of a health provider is grounds for filing a lawsuit to recover damages from the defendant.  In most cases, the plaintiff has 7 years to file a medical malpractice claim, during which time such claims must be reviewed by a medical tribunal.  The results of that review are admissible as part of any medical malpractice lawsuit.  In addition, there are limits on the amount of attorney fees that can be charged in negligence cases.  Other details of Massachusetts negligence laws are found in the following table:

Award Limits in Massachusetts

Massachusetts has set award limits, or caps, on non-economic damages in medical malpractice cases to $500,000.

Legal Help

There are many details and decisions that go into a medical malpractice lawsuit, not to mention the amount of expert medical knowledge and testimony that must be called upon.  Few nonprofessionals have access to the information, experts, and evidence to pursue such a case alone.  Attorneys who are experienced in these cases have the contacts in the medical field, the expertise, and the understanding of the court system to make these complex and emotional cases go smoothly and effectively.