Massachusetts Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Mass. Gen. Laws ch. 231, § 60H
Exceptions to Cap
- Substantial or permanent loss or impairment of a bodily function
- Substantial disfigurement
- Other special circumstances
Massachusetts caps noneconomic damages at $500,000, but exceptions are easily and frequently met. The cap is waived if the jury finds a substantial or permanent loss of a bodily function, substantial disfigurement, or if limiting damages would deprive the plaintiff of just compensation.
Frequently Asked Questions
What is the damage cap in Massachusetts?
Mass. Gen. Laws ch. 231, § 60H generally caps noneconomic damages at $500,000.
Are there exceptions to the Massachusetts cap?
Yes, and they are broad. The cap does not apply if there is substantial permanent loss of a bodily function, substantial disfigurement, or other special circumstances.
Is there a cap for charities or non-profit hospitals in Massachusetts?
Yes. Charitable organizations (including many hospitals) are shielded by a strict $100,000 cap on total liability under the state's charitable immunity laws.
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