Add Branding To Legal Massachusetts Malpractice Forms For Free

The first step in bringing a claim for medical malpractice against a healthcare provider is making certain that you are permitted to do so. The law in Massachusetts mandates that an action for personal injury must be filed within three years from the date the cause of action accrues.

In Massachusetts, actions for personal injury generally must be brought within three years of the date the injury occurred or in medical malpractice cases, within three years of when the injured person knew or should have discovered the negligence that caused the injury.

Massachusetts Time Limits So victims of Massachusetts medical malpractice will have three years in which to formally file a lawsuit. This requirement is codified in Massachusetts G.L. ch. 260 § 4, and allows exceptions for minors under the age of 6 (who are given until age 9).

Under Massachusetts law, medical malpractice claims are subject to both a statute of limitations of three years from the time the cause of action accrues and a statute of repose of seven years from the date of the act or omission that caused the injury.

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

Statutes of limitations and repose Under Massachusetts law, medical malpractice claims are subject to both a statute of limitations of three years from the time the cause of action accrues and a statute of repose of seven years from the date of the act or omission that caused the injury.