Health Justice Transformation - Massachusetts

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$500,000 cap on non-economic damages with exceptions for proof of substantial disfigurement or permanent disability.

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, less any amount paid by plaintiff to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

Yes. Fees are limited to 40% of the first150,000; $33.3% of the next $150,000 and 30% of the next $200,000; and 25% of amounts over $500,000. An attorney may not take an amount that would leave the plaintiff with less than the amount of unpaid past of future medical expenses.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

No arbitration requirements. Every action for medical malpractice must be heard by a tribunal within 15 days after the defendant's answer has been filed. The tribunal must determine if the evidence presented is sufficient to raise a legitimate question of liability appropriate for judicial review or whether the plaintiff's case is merely an unfortunate medical result. If the tribunal finds in favor of the defendant(s), the plaintiff may only pursue the claim through court after filing a bond of at least $6,000 payable to the defendant if the plaintiff does not prevail in the final judgment.

Standards for Expert Testimony/Witness

Expert testimony is generally required to support a medical malpractice claim.