Massachusetts Medical Malpractice Attorneys

Statute of Limitations

3 years

3 years from discovery (M.G.L. c. 260 § 4)

Statute of Repose

7 years

7 years from the act or omission (M.G.L. c. 260 § 4); foreign-object exception applies

Non-Economic Damages Cap

$500k

$500,000 under M.G.L. c. 231 § 60H, with statutory exceptions for substantial/permanent impairment, disfigurement, or special circumstances

Pre-Suit Requirements

Medical Malpractice

Medical Malpractice Tribunal screening under M.G.L. c. 231 § 60B; offer of proof reviewed by judge, physician, and attorney panel

Bond Requirement

$6k

$6,000 bond required to proceed if the tribunal rules against the plaintiff (M.G.L. c. 231 § 60B)

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Massachusetts requires every medical malpractice claim to be screened by a Medical Malpractice Tribunal under M.G.L. c. 231 § 60B. The tribunal — composed of a Superior Court judge, a physician in the relevant specialty, and an attorney — reviews the offer of proof and determines whether the evidence raises a legitimate question of liability appropriate for judicial inquiry. If the tribunal finds against the plaintiff, the case proceeds only if a $6,000 bond is posted. Non-economic damages are capped at $500,000 under M.G.L. c. 231 § 60H, with exceptions for substantial or permanent loss/impairment, disfigurement, or other exceptional circumstances. The 3-year SOL (M.G.L. c. 260 § 4) runs from discovery, with a 7-year statute of repose. Mass General Brigham, Beth Israel Lahey, and the rest of the Boston system are among the most sophisticated medical-defense ecosystems in the country.