Medical Malpractice Statute of Limitations in Massachusetts

Last verified 2026-07 · Source: M.G.L. c. 260, § 4 ✓ verified · 3 sources

If you're researching medical malpractice claims in Massachusetts, the single most important number is 3 years. That's how long M.G.L. c. 260, § 4 gives you to file a medical malpractice claim, counted from the date the cause of action accrues — when the patient knew or reasonably should have known of the injury and its cause. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

Massachusetts Deadlines for Related Claims

When the Clock Starts

In Massachusetts, the limitations period for medical malpractice claims generally begins on the date the cause of action accrues — when the patient knew or reasonably should have known of the injury and its cause. Massachusetts recognizes a discovery rule for this claim type: The three-year clock runs from discovery (when the patient knew or should have known of the harm), but an absolute seven-year statute of repose bars all claims measured from the act or omission, except where a foreign object was left in the body.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Claims against a public hospital/government must be presented in writing to the responsible executive officer within 2 years of accrual before suit (Massachusetts Tort Claims Act, M.G.L. c. 258, § 4).
• Damage caps: $500,000 cap on noneconomic damages, lifted where there is substantial or permanent loss/impairment of a bodily function or substantial disfigurement (M.G.L. c. 231, § 60H).

Before proceeding, the claim goes to a three-member malpractice tribunal (a judge, a physician, and an attorney); if it finds no legitimate question of liability, the plaintiff must post a $6,000 bond to continue (M.G.L. c. 231, § 60B).

Source: M.G.L. c. 260, § 4, official Massachusetts statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Massachusetts government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Massachusetts Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Massachusetts attorney.