Massachusetts (MA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Massachusetts.
Damage Cap
$500,000 non-economic damages (with exceptions: the cap does not apply if there is a substantial or permanent loss of bodily function, disfigurement, or other special circumstances)
Statute of Limitations
3 years from the date the cause of action accrues
Discovery Rule
Massachusetts applies the discovery rule, tolling the statute until the plaintiff discovers or should have discovered the injury, subject to a 7-year statute of repose.
Pre-Filing Requirements
Claims must be reviewed by a tribunal (judge, physician, attorney) that determines if the evidence is sufficient to raise a legitimate question of liability.
Average Settlement
$250,000 - $575,000
Average Verdict
$400,000 - $1,500,000
Key Facts About Massachusetts Medical Malpractice Law
- 1Massachusetts requires a medical malpractice tribunal hearing to assess whether the case has sufficient merit before it can proceed.
- 2If the tribunal finds insufficient evidence, the plaintiff may still proceed by posting a bond (typically $6,000).
- 3The $500,000 non-economic damages cap has broad exceptions for severe injuries, making it effectively inapplicable in many serious cases.
- 4Massachusetts follows a modified comparative negligence system with a 51% bar.
Need Help with a Massachusetts Medical Malpractice Case?
If you believe you have a medical malpractice claim in Massachusetts, it is important to act quickly. The statute of limitations in Massachusetts is 3 years from the date the cause of action accrues. Most medical malpractice attorneys offer free initial consultations.