At Tempus Fugit Law, we guide individuals and families through the complex landscape of medical malpractice claims. We understand how high the stakes can be, and we’re here to help ensure critical deadlines are met and your interests are protected.

How Long Do You Have to File?

Massachusetts law generally gives you three years to file a medical malpractice lawsuit. This window typically starts when the injury occurred or from the date you discovered – or should have reasonably discovered – that the injury may have been caused by a medical provider’s negligence. This is known as the discovery rule, and it can be especially important in cases where the harm isn’t immediately obvious.

For instance, if a surgical error doesn’t cause noticeable symptoms until months later, the clock may begin ticking from the point of discovery rather than the actual date of the surgery. However, the law still expects patients to act reasonably – so you can’t wait indefinitely to take legal action just because you weren’t sure if something was wrong.

The Statute of Repose

Even if the discovery rule applies, Massachusetts has a strict limit known as the statute of repose. This rule sets a seven-year limit from the date of the negligent act or omission. In most cases, you cannot bring a lawsuit more than seven years after the malpractice occurred, regardless of when you discovered the injury. However, one notable exception is when a foreign object, like a surgical sponge or instrument, is left inside a patient’s body. In those situations, the statute of repose may not apply.

This seven-year cutoff can come as a surprise to many people, which is why it’s so important to speak with a qualified attorney as soon as you suspect that something may have gone wrong during medical care.

Additional Time for Those Unable to Act

Massachusetts law also makes specific exceptions for some vulnerable individuals. If the injured person is a child under the age of six, the statute of limitations extends until the child’s ninth birthday. This extension gives families more time to understand the full extent of the injury and pursue legal action.

In cases involving individuals who are mentally incapacitated at the time of the injury, the statute may be paused until the person regains capacity. These exceptions take into account that not everyone is immediately able to understand or act on their rights.

The Sooner You Act, the Stronger Your Case

Although three or even seven years may sound like a long time, the reality is that building a strong medical malpractice case takes time. These cases often involve complex records, expert witnesses and extensive investigation. The sooner you consult with an attorney, the better chance you have of gathering critical evidence and filing your claim within the legal timeframe.

At Tempus Fugit Law, we take a compassionate and strategic approach to malpractice cases. We begin with a detailed review of your medical history and the care you received, consult with qualified experts and determine the exact timeline and types of damages that applies to your situation. We’ll also explain the legal process in plain language, so you know exactly what to expect.

Don’t Let the Clock Run Out on Your Rights

If you believe you or a loved one has suffered harm due to medical negligence, don’t wait until it’s too late to take action. Even if you’re unsure whether the statute of limitations has expired, it’s worth having your case reviewed – because medical malpractice cases take time to resolve. At Tempus Fugit Law, we’re here to help you understand your rights and pursue justice.

Make sure your voice is heard before time runs out. Call (617) 752-2371, email team@tflawllc.com or contact us here on our website to schedule a confidential consultation with us today.