Statute of limitations - prescribed medicine injury

Question Details:

If someone was prescribed medicine in Massachusetts by a doctor and had injuries from that medicine (both physical and even mental anguish) can the injured person still sue even though it happened 8 or 9 years ago? The injuries are still there.

Asked 11/6/2009 under Personal Injury | 356 View(s) | More Legal Topics

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Personal Injury Law Answers

Matthew A. Kane / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Massachusetts

Massachusetts has a three-year statute of limitations and a seven-year statute of repose for medical malpractice claims.  Subject to very limited exceptions not implicated by the facts presented, med/mal claims are absolutely barred 7 years from the date the claim accrues. 

Good luck!

Matt

I don't have to look up exactly what Massachusetts' statute of limitations is, for medical malpractice or products liability (if your claim is that it's the medicine's fault, not the doctor's, or both), but I would be astonished to find out that either is more than 6 years, and most states only allow 2 to 4 years for these types of lawsuits.  It's too late.

If you think you've been injured, by the negligence of a doctor or anyone else, or by a defective product, you should talk to a lawyer as soon as possible.  If you sleep on your rights, you will lose them.

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