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How Long Do I Have to File a Medical Malpractice Claim? 

Law Offices of Stephen D. Walsh  July 17, 2024

If you're dealing with the aftermath of a medical procedure that went wrong, you likely want to know, "How long do I have to file a medical malpractice claim?"  

As a personal injury attorney practicing since 1975, Stephen D. Walsh is here to break down everything you need to know about medical malpractice timelines. Let's dive in.  

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional deviates from the standard of care and harms a patient. This can include misdiagnosis, surgical errors, prescription mistakes, or neglect.  

However, not all negative medical outcomes constitute malpractice; the key factor is whether the healthcare professional acted negligently. For a claim to be valid, you must prove that the negligence directly caused harm or injury, which would not have occurred otherwise.   

Also, medical malpractice can extend beyond doctors to include nurses, technicians, and other medical staff whose actions fall below the accepted professional standards. 

The Importance of Filing Timely Claims

Medical malpractice claims are subject to statutes of limitations, which vary by state and can range from one to several years. In Massachusetts, for example, the statute of limitations for filing a medical malpractice claim is generally three years from the date of the injury or when the injury was discovered. This means if you realize two years after surgery that something went wrong, you still have one year left to file your claim.  

You should be aware of these deadlines in your state and consult with a legal expert promptly to ensure you comply with critical filing dates. Starting the process early allows for a more thorough investigation and evidence gathering, which is necessary for building a strong case. 

The Discovery Rule

The discovery rule allows you to file a claim within three years from the date you discovered or should have discovered the injury. Under the discovery rule, the clock starts ticking not from the date of the medical procedure but from the moment you either knew or reasonably should have known about the injury caused by negligence. 

This rule exists because some injuries or medical errors may not be immediately apparent. For instance, a surgical instrument left inside the body might not cause issues right away but can lead to severe complications later.  

The discovery rule also considers when a reasonable person would have recognized the error, putting emphasis on both actual and constructive discovery.  

Exceptions to the Discovery Rule 

While the three-year rule is standard, it does have noteworthy exceptions: 

  • Minors: If the victim is a minor, the clock does not start until they turn 18. 

  • Mental incapacity: If the victim is mentally incapacitated, the statute of limitations may be tolled. 

  • Fraud: If the healthcare provider deliberately concealed the malpractice, the timeframe could be extended. 

  • Foreign objects: If a foreign object is left inside your body during surgery, the statute of limitations may not start until the object is discovered, regardless of the three-year rule. 

  • Continuous Treatment Doctrine: If you are continuously treated by the same healthcare provider for the same condition, the statute of limitations may be extended until the end of the treatment. 

  • Wrongful death: In cases where medical malpractice leads to a patient's death, the statute of limitations might be applied differently to allow additional time for the deceased’s family to file a claim. 

Preparing to File a Claim

Here are some things you should do before filing for a thorough and well-supported medical malpractice claim: 

  • Gather medical records: This includes doctor's notes, test results, and any correspondence related to your case.  

  • Consult a legal expert: A medical malpractice attorney can evaluate the strengths and weaknesses of your case, guide you through the legal requirements, and construct a solid legal strategy. 

  • Document everything: Keep a detailed record of all events related to the malpractice, including dates, symptoms, and any conversations with healthcare providers. 

  • Identify expert witnesses: Medical malpractice cases often require testimony from expert witnesses who can attest to the standard of care and how it was violated. 

  • Estimate damages: Work with your lawyer to calculate the full extent of your damages, which may include medical expenses, lost wages, and pain and suffering. 

  • File the claim: Once all necessary information and evidence have been gathered, your lawyer will formally file the medical malpractice claim within the applicable statute of limitations. 

  • Prepare for negotiation or trial: Be ready for all possible outcomes, including settlement negotiations and court proceedings. Medical malpractice cases can be lengthy and complex, requiring patience and persistence. 

Medical Malpractice Laws in Massachusetts

If you're filing a medical malpractice claim in Massachusetts, here are some things you need to know: 

The state employs a three-year statute of limitations for filing a medical malpractice claim, which begins from the date of the injury or when the injury was discovered.  

Massachusetts has a seven-year statute of repose, meaning no claim can be filed more than seven years after the date of the alleged malpractice, regardless of discovery timing.  

Massachusetts law requires that a tribunal, comprising a judge, a physician, and an attorney, review the evidence before a claim proceeds to court to determine whether there's a legitimate basis for it.  

Massachusetts caps noneconomic damages in medical malpractice cases to $500,000, though exceptions can be made for catastrophic injuries. 

Legal Help Is Here

Stephen Walsh is a tenacious advocate for the underdog. With his skills in negotiation, responsiveness, and a personable approach, he levels the playing field against insurance companies. His mission in life is to help people.  

If you've suffered injuries because of another's negligence, he's here to help you get the justice you deserve. With Stephen by your side, you can trust that your rights are being fiercely protected. 

Ready to take the next step? Call the Law Offices of Stephen D. Walsh and get the justice and compensation you deserve.