How Long Do You Have to Sue for Medical Malpractice in Massachusetts?

In Massachusetts, the time limit to file a medical malpractice lawsuit is governed by the statute of limitations. Generally, a patient has three years from the date of the alleged malpractice to file a claim. This period is crucial for ensuring that victims of medical negligence can seek justice and compensation for their injuries.

However, there are some nuances to be aware of. If the malpractice is not immediately apparent, the statute of limitations may extend. In such cases, a patient has three years from the date they discovered, or reasonably should have discovered, the injury. This is particularly relevant for situations involving misdiagnoses or surgical errors, where the repercussions may not become evident until much later.

It’s essential to note that Massachusetts also has a specific rule regarding minors. If a child is the victim of medical malpractice, the three-year limit is extended until the child turns 18 years old. This means parents or guardians can file a claim on behalf of the child at an appropriate time.

Before pursuing a medical malpractice lawsuit in Massachusetts, it is advisable to consult with a qualified attorney who specializes in this field. They can help assess the details of the case, establish a timeline, and determine the best course of action.

Additionally, the process of filing a medical malpractice claim involves several steps. First, it typically requires obtaining a written opinion from a qualified medical professional, confirming that the alleged malpractice has merit. This is referred to as a “pre-litigation review” and is mandated by Massachusetts law.

In summary, victims of medical malpractice in Massachusetts have three years from the date of the injury, or from when it was discovered, to file a lawsuit. However, special considerations apply to minors and cases where the injury wasn't immediately recognized. Seeking legal guidance early in the process can significantly influence the outcome of the case.