I assume the alleged malpractice occurred in Massachusetts? The determination of the statute of limitation can be a very tricky matter. First, the limitations period varies from state-to-state. Second, special rules may apply for minors to extend the date. Additionally, often the clock doesn't begin to run until the malpractice is discovered or should have been discovered. So, take any statute of limitations determination with a grain of salt.
The general answer is that a medical malpractice lawsuit in Massachusetts must be filed within three years of the date of injury, or the date the injury was discovered. However, there are exceptions and circumstances which alter this time limit. The best thing to do is consult with a local attorney to make sure you know the deadline in your situation.
The general answer is, for an adult; three years from the date of injury; for a minor, three years after they reach 18; and in no event past 6 years after the date of injury (the so-called 'statute of repose').
However, in medical malpractice, the issue is far more complex, since the average person can't be charged with enough knowledge to know that a treating doctor has diverged from the standard of care expected of them. There is a large body of law addressing this in Massachusetts, with two main themes which can, in some circumstances, extend the statute beyond three years after the doctor's action is taken:
(1) The continuing care doctrine; if you remain in the care of the erring physician for a period of time, there are cases that put the statute 'on hold' for the period during which the 'victim' continues to treat with that physician.
(2) The 'discovery' rule; in cases where the malpractice isn't obvious, the statute doesn't start running (think of a clock ticking) until a reasonable person would begin to inquire whether malpractice occurred.
Having said that, the only person who is competent to figure that out is an attorney. Let me know if I can help. MALIS|LAW (617) 491-1099
