Massachusetts · Medical Malpractice
Massachusetts medical malpractice damage caps and statute of limitations
Refreshed 2026. $500,000 damage cap. 3 years from act or omission. Full breakdown below.
Damage caps
MA Gen. Laws ch. 231, § 60HNon-economic damages cap
$500,000
Total damages cap
None
Status
active
Notes
Fixed cap, not adjusted for inflation. Exception: cap does not apply if jury finds 'substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances' warranting higher award.
Statute of limitations
MA Gen. Laws ch. 231, § 60DStandard SOL
3 years from act or omission
Discovery rule
Yes; runs from when plaintiff knew or should have known of injury
Statute of repose
7 years from act or omission
Minor exception
For children under 6: SOL extended until child's 9th birthday. Standard tolling for minors 6+.
Wrongful death SOL
3 years from date of death
Notes
Tribunal screening required before suit (bond posted if tribunal finds insufficient evidence).
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Massachusetts med-mal FAQ
What is the medical malpractice statute of limitations in Massachusetts?+
3 years from act or omission. Yes; runs from when plaintiff knew or should have known of injury Statute of repose: 7 years from act or omission. Wrongful death: 3 years from date of death. Tribunal screening required before suit (bond posted if tribunal finds insufficient evidence). Source: MA Gen. Laws ch. 231, § 60D.
Does Massachusetts have a medical malpractice damage cap?+
Non-economic cap: $500,000. Fixed cap, not adjusted for inflation. Exception: cap does not apply if jury finds 'substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances' warranting higher award. Source: MA Gen. Laws ch. 231, § 60H.
How does Massachusetts handle the discovery rule in med-mal cases?+
Yes; runs from when plaintiff knew or should have known of injury
What is the Massachusetts minor exception for medical malpractice?+
For children under 6: SOL extended until child's 9th birthday. Standard tolling for minors 6+.
What is the wrongful death statute of limitations for Massachusetts medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Massachusetts damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Massachusetts attorney before relying on a deadline. Data refreshed May 2026.