Massachusetts medical malpractice law
In Massachusetts, you generally have 3 years to file a medical malpractice claim from the day the injury was discovered.
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Your deadline: 3 years from when you found out
Massachusetts rules at a glance
Work out your deadline- Filing deadline
- 3 years from when the injury was discovered
- Damage caps
- $500,000 for pain and suffering and other…
- Before you file
- Written notice before you sue
- Shared fault
- Modified comparative (51% bar)
Full Massachusetts law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2029
- Outer limitMay 7, 2033
- The clock startsWhen you found out, or should have
- Time to start a claim3 yearsMiss it and the claim is usually lost.
- At the very most7 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at $500,000
- All damages togetherNo overall cap
The rules in Massachusetts
Filing deadline
3 years
Counted from when the injury was discovered. File within 3 years after the claim accrues (when you knew or reasonably should have known you were harmed by the care), and never more than 7 years after the act or omission.
Discovery rule
Applies
Yes, inside the 7-year outer limit.
Outer limit
7 years
7 years from the act or omission, except when a foreign object was left in the body.
Mass. Gen. Laws ch. 260, § 4
Damage caps
$500,000 for pain and suffering and other general damages, unless the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that make the limit unjust.
Massachusetts has a $500,000 cap on general damages with broad exceptions for serious injuries, and it does not apply to wrongful death.
- Wrongful death
- The cap does not apply to wrongful death actions under Mass. Gen. Laws ch. 229, § 2.
Children
Different clock
A minor must sue within 3 years of accrual, except that a child under 6 has until the ninth birthday; the 7-year outer limit still applies except for foreign objects.
Affidavit of merit
Not required
No affidavit, but every case goes to a medical malpractice tribunal (a judge, a physician and a lawyer) where the plaintiff makes an offer of proof. If the tribunal finds for the defendant, the plaintiff must post a $6,000 bond to continue.
Mass. Gen. Laws ch. 231, § 60B
Notice before suing
Required
Give each provider 182 days' written notice of intent before suing (shortened to 90 days in some situations).
Mass. Gen. Laws ch. 231, § 60L
Shared fault
Modified comparative (51% bar)
Modified comparative fault: barred above 50% of the fault
Experts
Expert evidence
Expert testimony is generally required; the tribunal reviews the offer of proof, including expert opinion, early in the case.
Contingency fees in Massachusetts medical malpractice cases follow a statutory sliding scale (ch. 231, § 60I).
Sources
- Massachusetts General Laws ch. 260, § 4, Massachusetts Legislature
- Massachusetts General Laws ch. 231, § 60D, Massachusetts Legislature
- Massachusetts General Laws ch. 231, § 60H, Massachusetts Legislature
- Massachusetts General Laws ch. 231, § 60L, Massachusetts Legislature
- Massachusetts General Laws ch. 231, § 60B, Massachusetts Legislature
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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