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Medical Malpractice limitations in MA

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T

Taz93

Guest
What is the name of your state? Massachusetts


Is there a statute of Limitations on Medical Malpractice in Massachusetts???
 


ellencee

Senior Member
Yes. Please go to the site address copied below for a more detailed summary of Massachusetts law as regards Medical Malpractice; your state has other factors that affect potential claims.

www.mcandl.com/massachusetts

Statutes of Limitations

In Massachusetts, any medical malpractice action for injury or death must be brought within three years after the cause of action accrued, but in no event more than seven years after the alleged act or omission occurred, except in the case of foreign object actions. Mass. Ann. Laws ch. 260, § 4 (Law. Co-op. 1992). A cause of action for medical malpractice accrues when a plaintiff learns, or reasonably should have learned, that he has been harmed as a result of the defendant's conduct. Teller v. Schepens, 381 Mass. 621, 411 N.E.2d 464 (1980).

This statute of limitations is tolled during a claimant's disability (other than minority). Mass. Ann. Laws ch. 260, § 7 (Law. Co-op. 1992). The statute of limitations for minors is the same as that for adults, except that a claim accruing on behalf of a child under six can always be brought before the child's ninth birthday. Mass. Ann. Laws ch. 231, § 60D (Law. Co-op. 1992).
 

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