Massachusetts Medical Malpractice Laws

For children under 6 at the time of the alleged malpractice, the statute of limitations is extended until the child's 9th birthday.

When a foreign object is left in the patient's body, the 7-year statute of repose does not apply. The 3-year discovery rule controls.

If the healthcare provider fraudulently conceals the cause of action from the plaintiff, the statute is tolled during the period of concealment.

Non-economic damages (pain and suffering) in medical malpractice cases are capped at $500,000. However, the cap does not apply if the jury determines there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances warranting a higher award.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Before trial, every medical malpractice case must be heard by a tribunal consisting of a judge, a physician from the relevant specialty, and an attorney. The tribunal determines whether the evidence is sufficient to raise a legitimate question of liability. Failure to get a favorable finding requires posting a $6,000 bond to proceed.

If the tribunal finds that the plaintiff's offer of proof is insufficient, the plaintiff must post a $6,000 bond to continue the case. The bond is forfeited to the defendant if the plaintiff does not prevail at trial.

Non-profit hospitals and charitable institutions have liability capped at $100,000 for torts (including medical malpractice) committed in the course of their charitable activities. This significantly limits recovery against charitable hospitals.

Massachusetts follows the physician-based standard for informed consent — a physician must disclose information that a reasonable physician would disclose. Failure to obtain informed consent can support a malpractice claim.