Massachusetts Statute of Limitations for Medical Malpractice
In Massachusetts, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Mass. Gen. Laws ch. 260, § 4.
- 3 years from the date of the act or from discovery. 7-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
3 years from the date of the act or from discovery. 7-year statute of repose.
General Massachusetts Rules
Massachusetts provides 6 years for contract claims and 3 years for tort claims. Contracts under seal have an extended 20-year limitation. The discovery rule applies to medical malpractice and fraud claims, with a 7-year statute of repose for medical malpractice.
Other Statutes of Limitations in Massachusetts
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Massachusetts?
The statute of limitations for medical malpractice in Massachusetts is 3 years. Citation: Mass. Gen. Laws ch. 260, § 4.
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When does the clock start for medical malpractice in Massachusetts?
3 years from the date of the act or from discovery. 7-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Massachusetts?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.