Medical malpractice in Massachusetts
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Massachusetts fact pattern
Medical malpractice in massachusetts.
Statute of limitations
3 years
Mass. Gen. Laws c. 260, § 4
Three years from when the patient knew or should have known of the malpractice.
Repose: 7 years.
- Seven-year repose from the act in most adult files. Foreign object is the usual carve-out.