State: Massachusetts

Link to State Law: Massachusetts Statutes

The following information is mean to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Massachusetts state law, contact an experienced attorney.

Statute of Limitations: Medical malpractice actions must be commenced within three years of the date of the act or omission giving rise to the medical malpractice injury, or within three years of its discovery. All actions must be filed within seven years of the date of the act or omission giving rise to the injury. However, there is an exception if a foreign object is left behind inside the body. In these cases, the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. If the medical malpractice claim involves a minor under the age of six, the claim must be filed by the child's ninth birthday and must comply with the seven year limitation previously mentioned.

Minimum Qualifications of Expert Witnesses: There are no special rules regarding expert witnesses in medical malpractice cases in Massachusetts.

Limitations on Monetary Damages: The state of Massachusetts limits noneconomic damages in medical malpractice cases to $500,000.00.

Limitations on Attorney Fees: Attorney fees in medical malpractices cases in Massachusetts are limited to 40% of the first $150,000.00 recovered, 33% of the next $150,000.00, 30% of the next $200,000.00, and 25% of any recovery greater than $500,000.00.