Health & Medical in Massachusetts

M.G.L. c. 260, § 4 provides a three-year statute of limitations from discovery (or when the patient should have known), with a seven-year absolute repose period (with a foreign object exception). A tribunal review under § 60B must be completed before the case proceeds to trial.

Under M.G.L. c. 231, § 60B, a three-person tribunal (a judge, an attorney, and a physician) reviews the claim before trial. The tribunal determines whether there is sufficient evidence to warrant trial. If the tribunal rules against the plaintiff, the plaintiff may post a bond to proceed. This unique procedural step helps screen out weak claims.

Massachusetts does not have a statutory cap on non-economic damages in medical malpractice cases. Juries may award any amount they find appropriate for pain, suffering, and other non-economic losses. Economic damages are also uncapped.

Complaints against physicians may be filed with the Massachusetts Board of Registration in Medicine through the mass.gov portal. The Board investigates and may impose conditions, suspend, or revoke licensure. Board proceedings are separate from the tribunal process and civil litigation.