Massachusetts is home to some of the world's finest hospitals, but medical errors still happen. When a healthcare provider's negligence causes serious harm — a misdiagnosis, surgical error, medication mistake, or birth injury — Massachusetts law allows the injured patient to pursue a malpractice claim, subject to special procedures.
What Counts as Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury. Examples include misdiagnosis or delayed diagnosis, surgical errors, anesthesia mistakes, medication and prescription errors, birth injuries, failure to obtain informed consent, and hospital-acquired infections from negligent care.
Not every bad outcome is malpractice. Medicine carries inherent risks, and a poor result alone does not prove negligence. The key question is whether the provider's care fell below what a reasonably competent provider would have done in the same circumstances.
The Massachusetts Medical Malpractice Tribunal
Massachusetts requires medical malpractice claims to pass through a special screening process. Under M.G.L. c. 231, § 60B, a medical malpractice tribunal — made up of a judge, a physician, and an attorney — reviews the case to determine whether there is sufficient evidence to raise a legitimate question of negligence appropriate for judicial inquiry. If the tribunal rules against the plaintiff, the case can still proceed, but the plaintiff must post a bond.
Because of this process and the need for qualified medical experts, Massachusetts malpractice cases require careful preparation and specialized legal experience.
Deadlines and Damages
Massachusetts generally requires malpractice claims to be filed within three years of the date the injury was discovered or should have been discovered, with an overall limit (statute of repose) of seven years from the negligent act, except in cases involving a foreign object left in the body. Special rules apply to claims involving minors. Damages can include medical expenses, lost income, future care costs, and pain and suffering. Massachusetts caps certain non-economic damages in malpractice cases under M.G.L. c. 231, § 60H, with exceptions for substantial or permanent injury.
Frequently Asked Questions
Generally, you must show the provider's care fell below the accepted standard and that this caused your injury. A free review with a qualified attorney and medical experts is the best way to find out.
A Massachusetts screening panel that reviews malpractice claims to determine whether there is enough evidence to raise a legitimate question of negligence before the case proceeds.
Generally three years from discovery of the injury, with a seven-year overall limit in most cases. Special rules apply to minors and foreign-object cases.
Nothing upfront. Our network attorneys work on contingency — no fee unless they recover compensation for you.
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.