While the law allows up to 3 years to file a medical malpractice claim in Massachusetts, it benefits your chances of a successful claim to file sooner, while evidence and testimony are still fresh. However, it isn’t always wise to file immediately after an injury if it’s still too soon to understand the consequences of the malpractice including all of the necessary medical treatments and procedures you may have to undergo and the full scope of the economic damages.
You are ready to contact an attorney and file a claim when your case meets the following requirements:
That a patient/client relationship is proven to exist between the medical professional and the malpractice victim
That the medical professional was negligent or failed to adhere to the standard of treatment another reasonable professional would have applied in the same circumstances
That the victim of the malpractice suffered economic damages as a result of their injury
Once a case meets these criteria, a medical malpractice claim has the maximum chance of a successful outcome.