Legal Question in Medical Malpractice in Massachusetts

Re: Medical malpractice

Generally the statute of limitations for such claims is three years. The clock usually begins to run the moment a reasonable person would/should have known they were the victim of malpractice and might have related legal claims.

Why did you wait as long as you apparently have to look into bringing claims? Rarely, in unusual circumstances, a delay longer than the limitations period can be excused or justified due to intervening facts or events. More information is necessary to assess whether you could still bring claims.

The other thing to discuss in your case is the extent and degree of any damages you may be able to recover caused by the alleged malpractice. Just b/c malpractice has occurred does not, all by itself, mean you can recover damages. You need to show that you have been injured/impaired/caused a loss of money, rights, etc. as a result of the alleged malpractice. From your description, it sounds like you came out the other end of the -- while serious and freightening for a short time -- in tact and okay. If the "loss" you (and your wife) suffered from the malpractice was relatively isolated and limited in time, your damages would be similarly limited as well.

The question here would be how (and to what extent) has the alleged malpractice impaired your physical well-being, quality of life, financial situation, etc. since it occurred? The longer and greater the degree of your injury suffered, generally the greater commensurate damages would be. The impact of the alleged malpractice on your life (and your wife's life) would therefore need to be explored.

Feel free to contact me directly to discuss these things in greater detail, without obligation to you.