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24-Hour Guide · Medical Malpractice

First 24 Hours After Suspecting Medical Malpractice in Massachusetts

What to do when you suspect a doctor, hospital, or provider deviated from the standard of care. Built around M.G.L. c. 260 § 4 (limitations) and c. 231 § 60B (tribunal).

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1. 01

   If you are still being treated by the same provider, decide carefully whether to continue.

   Continuity of care matters medically; preserving evidence matters legally. The continuous-treatment doctrine can extend the limitations clock under M.G.L. c. 260 § 4, but ongoing treatment also means records continue to accumulate. Telephone counsel before deciding whether to switch providers.

2. 02

   Request your complete medical records.

   Massachusetts patients have a statutory right to copies of their own medical records. Submit a written request to the provider's medical records department; they have a reasonable time to produce them and may charge a per-page fee. Get EVERYTHING: imaging, lab, nursing notes, anesthesia, operative reports, billing records, and electronic health record audit trails (who accessed the chart and when).

3. 03

   Write down the timeline while it is fresh.

   Date and time of every appointment, every test, every surgery, every conversation about treatment options, every change in symptoms. Memory degrades fast. The chronology is what an expert witness reads first to evaluate whether the standard of care was met.

4. 04

   Do not post about it on social media.

   Defense counsel routinely subpoenas social-media accounts. Anything you say about your condition, your treatment, your activities, or your providers can be used to limit your claim. Lock your accounts and post nothing about the matter while it is being evaluated.

5. 05

   Watch the limitations and repose periods.

   Massachusetts medical-malpractice claims must generally be filed within THREE years of the injury, or three years from when the injury reasonably should have been discovered, with a HARD OUTER LIMIT of SEVEN years from the act or omission under M.G.L. c. 260 § 4. Special rules apply to minors and to claims arising from leaving foreign objects in the body. The seven-year repose period is unforgiving; do not assume the discovery rule will save a delayed claim.

6. 06

   Understand the tribunal-screening requirement.

   Every Massachusetts medical-malpractice claim is screened by a TRIBUNAL under M.G.L. c. 231 § 60B before discovery proceeds. The tribunal weighs the evidence to determine whether it raises a legitimate question of liability appropriate for judicial inquiry. The tribunal is not a trial; the standard is preliminary, but a negative finding requires the plaintiff to post a bond to continue. Cases need a clear theory of liability to clear the tribunal.

7. 07

   Save every bill and out-of-pocket expense.

   Damages in a medical-malpractice case include past and future medical expenses (often substantial for follow-up care from the malpractice), lost earnings, lost earning capacity, and pain and suffering. Keep receipts, mileage to follow-up appointments, and documentation of any work missed.

8. 08

   Telephone (617) JIM-WINS. Counsel should engage a medical expert early.

   Massachusetts medical-malpractice cases live or die on standard-of-care expert testimony. Jim Glaser Law works with Massachusetts-licensed medical experts to develop the theory before significant time is invested. The first telephone consultation is offered without charge.

Common questions

• What is the deadline to file a medical malpractice claim in Massachusetts?

  Most Massachusetts civil claims of this kind are subject to a three-year limitations period under M.G.L. c. 260 § 2A from the date of injury. Some matters carry shorter deadlines (workers' comp notice, claims against a public entity) or longer ones (medical malpractice repose). Telephone (617) JIM-WINS for the deadline that applies to your specific facts.

• Does Jim Glaser Law charge anything to evaluate my case?

  No. The first telephone consultation is offered without charge. Most medical malpractice matters are accepted on contingency: no attorney's fee unless and until a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.

• What if I missed something in the first 24 hours?

  The earlier the better, but most Massachusetts claims survive a delayed start as long as the limitations period has not expired. Telephone the firm now; the longer you wait, the harder evidence preservation becomes.

• Should I talk to insurance adjusters before calling counsel?

  Tell your own carrier the basic facts (date, time, location, that you are seeking medical evaluation). Do not give a recorded statement to the at-fault party's carrier without speaking to a Massachusetts attorney first. Their adjusters are trained to lock you into statements that limit your claim.

• Is Jimmy Knows A! legal advice?

  No. This guide provides general Massachusetts legal information drawn from M.G.L. statutes and case law. It is not legal advice for any particular matter. Telephone Jim Glaser Law at (617) JIM-WINS for advice on your specific situation.

This guide constitutes legal information, not legal advice. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability.