Medical Malpractice Rules in Massachusetts
The deadline to file a medical malpractice claim in Massachusetts, the discovery rule, and caps on damages.
Short answer: Three years after the cause of action accrues, but in no event more than seven years after the act or omission that caused the injury, except when the claim is based on a foreign object left in the body. M.G.L. c. 260, § 4
| Medical malpractice deadline | Three years after the cause of action accrues, but in no event more than seven years after the act or omission that caused the injury, except when the claim is based on a foreign object left in the body. This applies to physicians, surgeons, dentists, optometrists, hospitals and sanitoria. Source: M.G.L. c. 260, § 4 |
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| Medical malpractice caps | In malpractice actions against health care providers (other than wrongful death actions), the jury may not award more than $500,000 for pain and suffering, loss of companionship, embarrassment and other general damages, unless it finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that would make the limit deny just compensation. Economic damages are not capped. Source: M.G.L. c. 231, § 60H |
More Massachusetts personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Massachusetts
- Wrongful Death Lawsuits in Massachusetts
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- Sidewalk and Public Property Falls in Massachusetts
- Motorcycle Accident Claims in Massachusetts
- Pedestrian Accident Claims in Massachusetts
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- Uber and Lyft Accident Claims in Massachusetts
- Truck Accident Claims in Massachusetts
- Construction Site Injuries in Massachusetts
- All Massachusetts personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Massachusetts?
Three years after the cause of action accrues, but in no event more than seven years after the act or omission that caused the injury, except when the claim is based on a foreign object left in the body. This applies to physicians, surgeons, dentists, optometrists, hospitals and sanitoria.
Is there a cap on medical malpractice damages in Massachusetts?
In malpractice actions against health care providers (other than wrongful death actions), the jury may not award more than $500,000 for pain and suffering, loss of companionship, embarrassment and other general damages, unless it finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that would make the limit deny just compensation. Economic damages are not capped.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.