What Is the Statute of Limitations for Medical Malpractice in Massachusetts?
In Massachusetts, the statute of limitations for medical malpractice is generally 3 years under Mass. Gen. Laws c. 260, § 4.
Medical malpractice Deadlines in Massachusetts
How long do you have to file a medical malpractice claim in Massachusetts?
In Massachusetts, the statute of limitations for medical malpractice is generally 3 years under Mass. Gen. Laws c. 260, § 4. The full rule is: 3 Years (7-yr repose).
When does the clock start for medical malpractice in Massachusetts?
Three years from accrual, with a seven-year statute of repose from the act or omission.
Can the Massachusetts deadline for medical malpractice be extended?
The seven-year repose does not apply where the action is based on leaving a foreign object in the body — that exception is written into the section. A medical malpractice tribunal review may be required under c. 231, § 60B.
Is the deadline different if the claim is against the government in Massachusetts?
Often, yes. Presentment within 2 years under Mass. Gen. Laws c. 258, § 4. The Massachusetts Tort Claims Act requires a claim to be presented in writing to the executive officer of the public employer within two years of accrual, and suit to be commenced within three years. The presentment requirement is strictly enforced and must go…
How does Massachusetts compare to other states for medical malpractice?
Massachusetts's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Massachusetts:
