Massachusetts holds healthcare providers to a professional standard of care, and when they fall below it and cause harm, an injured patient may have a medical malpractice claim. But these cases face a procedural hurdle unique to malpractice.
Under M.G.L. c. 231, § 60B, every malpractice claim must first be reviewed by a medical malpractice tribunal — a panel including a judge, a physician, and an attorney. The tribunal decides whether the evidence raises a legitimate question of negligence or merely an unfortunate outcome.
If the tribunal finds the evidence insufficient, the plaintiff must post a bond (often $6,000) to continue the case. This screening process is designed to filter out meritless claims, but it also makes strong expert support essential from the outset.
Massachusetts malpractice claims generally must be filed within three years, with a seven-year outer limit (statute of repose) for most claims. Given the complexity and the tribunal requirement, experienced legal and medical expertise is indispensable.
If you've been injured in Massachusetts, Injury Claim Team can connect you with an experienced personal injury attorney at no cost. Call 973-566-5599 any time for a free, confidential case review — there's no fee unless you win.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.