MA
Medical negligence settlements
in Massachusetts.
Massachusetts caps malpractice pain and suffering at $500,000, but the cap falls away for substantial or permanent injuries. Charitable hospitals have a much lower cap of their own, which a hospital lost after it could not produce a newborn’s records.
Facts that decide a medical negligence claim in Massachusetts
| Malpractice cap | $500,000 for pain and suffering and other general damages, unless there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances.G.L. c. 231, § 60H |
|---|---|
| Charitable hospitals | Liability for torts in the course of a charity’s charitable work is capped at $20,000, but the cap is an affirmative defense that can be waived or struck as a sanction.G.L. c. 231, § 85K; Keene v. Brigham & Women’s Hospital (Mass. App. Ct. 2002) |
| Deadline to sue | Three years: tort actions “shall be commenced only within three years next after the cause of action accrues.”G.L. c. 260, § 2A |
| Fault rule | Your negligence does not bar recovery if it “was not greater than the total amount of negligence attributable to” the defendants; the award is reduced by your share.G.L. c. 231, § 85, as quoted in Shantigar Foundation v. Bear Mountain Builders (Mass. 2004) |