Legal Question in Medical Malpractice in Massachusetts

Malpractice

Is there a stature of limitations when filing a claim against a doctor for malpractice?


Asked on 1/11/07, 9:37 am

2 Answers from Attorneys

Christopher Earley Law Office of Christopher Earley

Re: Malpractice

In Massachusetts, generally, with certain exceptions, the statute of limititations for medical malpractice is three years from the date the negligence was first discovered. Feel free to contact me if I can be of assistance to you.

Chris Earley

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Answered on 1/11/07, 10:55 am
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Malpractice

An important exception to this rule often arises in cases involving emergency room medical malpractice where patients are discharged before their condition is stablized. Under the federal law govering these claims, which is more strict than state law, one only has 2 years to bring a claim, generally speaking. However, even if one misses this deadline, one can fall back on the state law medical malpractice claim, although these claims can be more difficult to establish.

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Answered on 1/11/07, 2:52 pm


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