I read your other answer about the statute of limitations and I have a follow up question about the statute of repose. Does it mean that even if I don't discover that the doctor was negligent until 8 years after the surgery, I still cannot file a law suit against him. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Yes, in most cases. The law in question is Massachusetts General Laws Chapter 260, Section 4, which says in relevant part:
Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.
So, unless your cause of action stems from a medical professional leaving a foreign object in your body, you must bring your claim within seven years of the act or omission that lead to your injury. However, regardless of when you discover your injury, you should contact an attorney who does medical malpractice work and explain your situation. He or she can then make an evaluation of the situation and let you know if you should pursue the claim. Follow this link for my tips on finding a Massachusetts medical malpractice lawyer. Good luck.