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Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
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Massachusetts

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 7 years
  • SOL for Medical Malpractice Claims (Parental Claims): 3 years
  • SOL for Wrongful Death Claims: 3 years

Massachusetts Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

7 years: ALM GL ch. 231, § 60D: Any claim by a minor against a health care provider stemming from professional services or health care rendered, whether in contract or tort, based on an alleged act, omission or neglect shall be commenced within three years from the date the cause of action accrues, except that a minor under the full age of six years shall have until his ninth birthday in which the action may be commenced, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

Massachusetts Statute of Limitations for Medical Malpractice Claims (Parental Claims)

3 years: ALM GL ch. 260, § 4: Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

Massachusetts Medical Malpractice Claim Caps

ALM GL ch. 231, § 60H: $500,000 limit for pain and suffering, loss of companionship, embarrassment and other items of general damages unless there is a determination that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances.

Massachusetts Statute of Limitations for Wrongful Death Claims

3 years: ALM GL ch. 260, § 4: Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

Massachusetts Wrongful Death Claim Caps

Not applicable for the state of Massachusetts.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.