In Massachusetts, there are limits to the amount of time during which you may sue a medical professional for malpractice. It is important to understand the MA medical malpractice laws in order to protect your rights. Below are a few important laws to be aware of.
Statute of Limitations for MA Medical Malpractice Cases
The standard deadline for filing a medical malpractice lawsuit in Massachusetts is 3 years. After this timeframe, you may lose your rights to sue unless you qualify for one of the exceptions below.
Special Exception for Children
There are two important exceptions when it comes to children (under age 18). First, the 3 year time frame begins from when the parents or legal guardians become aware that the treatment by a medical professional may have resulted in injuries to their child. Secondly, Children under the age of 6 have until their 9th birthday to file a medical malpractice claim.
Discovery Rule Exception
There are some situations where you may not “discover” the medical malpractice until after the 3 year mark. For example, a patient may not have known that their illness was related to a past medical treatment. They may struggle with an illness for years before it is properly diagnosed. In such cases, the 3 year limitation would begin when the injured individual became aware that they may have a medical malpractice claim.
There is an absolute deadline/limitation to medical malpractice lawsuits of 7 years, even to the exceptions above. The only time where this absolute deadline does not apply is when a foreign object is left in the body of a patient during a medical procedure.
In the state of Massachusetts, there are some rare situations that may qualify for a special exception to the statute of limitation rules. Here are some examples:
- Medical professionals concealing information.
- Patients who are legally incompetent.
- Medical professionals fleeing the state or country after the incident.
MA Medical Malpractice Cases
If you believe that you are a victim of medical malpractice, it is important that you contact an attorney promptly. Information is easier to gather when less time has lapsed. You will also avoid the possibility of the MA medical malpractice statute of limitations expiring. Contact Martino Law Group for a free consultation regarding your medical malpractice case in Massachusetts.