Mass. Gen. Laws » Part III Title II Chapter 231
Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 60F (2026)

Award of damages; elements and itemization of amounts

✓ current as of July 2026
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Section 60F. (a) In every action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care which is tried to a jury, the court shall instruct the jury that if the jury awards damages to the plaintiff or plaintiffs it shall specify the total amount of damages, as well as the applicable elements of special and general damages upon which the award of damages is based and the amount of the total damages assigned to each element, including, but not limited to:

(1) Amounts intended to compensate the plaintiff for reasonable expenses which have been incurred, or which will be incurred, for necessary medical, surgical, X–ray, dental, or rehabilitative services, including prosthetic devices; necessary ambulance, hospital, and nursing services; drugs; and therapy;

(2) Amounts intended to compensate the plaintiff for lost wages or loss of earning capacity and other economic losses which have been incurred or will be incurred; and

(3) Amounts intended to compensate the plaintiff for pain and suffering, loss of companionship, embarrassment, and other items of general damages, which have been incurred or will be incurred in the future, and whether there is a substantial or permanent loss or impairment of a bodily function, or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of the limitation specified in section sixty I would deprive the plaintiff of just compensation for the injuries sustained.

Each element shall be further itemized into amounts intended to compensate for damages which have been incurred prior to the verdict and amounts intended to compensate for damages to be incurred in the future. In itemizing amounts intended to compensate for future damages, the jury shall set forth the period of weeks, months or years over which such amounts are intended to provide compensation. The court shall apply to each element of past and future damages any rules of law applicable to the review of jury verdicts, including without limitation the sufficiency of the evidence to support the verdict, any set-offs or credits, and appropriate additurs or remittiturs.

(b) In every action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care which is tried without a jury, if the court awards damages to the plaintiff or plaintiffs, it shall find the total amount of damages, and specify the applicable elements of special and general damages upon which the award of damages is based and the amount of the total damages assigned to each element, including, but not limited to:

(1) Amounts intended to compensate the plaintiff for reasonable expenses which have been incurred, or which will be incurred, for necessary medical, surgical, X–ray, dental, or rehabilitative services, including prosthetic devices; necessary ambulance, hospital and nursing services; drugs; and therapy;

(2) Amounts intended to compensate the plaintiff for lost wages or loss of earning capacity and other economic losses which have been incurred or will be incurred; and

(3) Amounts intended to compensate the plaintiff for pain and suffering, loss of companionship, embarrassment, and other items of general damages, which have been incurred or will be incurred in the future, and whether there is a substantial or permanent impairment of a bodily function, or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of the limitation specified in section sixty I would deprive the plaintiff of just compensation for the injuries sustained.

Each element shall be further itemized into amounts intended to compensate for damages which have been incurred prior to the verdict and amounts intended to compensate for damages to be incurred in the future. In itemizing amounts intended to compensate for future damages, the court shall set forth the period of weeks, months or years over which such amounts are intended to provide compensation.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1988–2025 · leading case: Chace v. Curran, 881 N.E.2d 792 (Mass. App. Ct. 2008).
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Chace v. Curran, 881 N.E.2d 792 (Mass. App. Ct. 2008). “Here, those elements do not focus on the quality of care the defendants rendered.”
Harlow v. Chin, 545 N.E.2d 602 (Mass. 1989). · cites it 2× “The medical malpractice statute, G.L.c. 231, § 60F (1988 ed.), requires a jury to specify the amount of time over which an award for future medical expense and future pain and suffering is meant to compensate the plaintiff.”
Croteau v. Swansea Lounge, Inc., 522 N.E.2d 967 (Mass. 1988). · cites it 4× “Rodriguez, post 1002 (1988), the primary issue is *420 whether a Superior Court judge has discretion to enlarge the period for filing the affidavit required by G. L. c. 231, § 60F (1986 ed.) (“dramshop act”).”
Sisson v. Lhowe, 954 N.E.2d 1115 (Mass. 2011). · cites it 2× “To support their contention that the claims are distinct, the defendants point out that medical malpractice *708 actions are governed by G. L. c. 231, § 60F, whereas wrongful death actions are governed by a separate statute, G.”
Miller v. Hernandez, 520 N.W.2d 266 (S.D. 1994). · cites it 2× “§ 11-109 (West 1993); Mass.Gen.Laws Ann. ch. 231 § 60F (West 1993); N.”
Darviris v. Petros, 442 Mass. 274 (Mass. 2004). “231, § 60D; requires specification and itemization in damages awards, G. L. c. 231, § 60F; establishes a collateral benefits rule, G.”
Kuppens v. Davies, 649 N.E.2d 164 (Mass. App. Ct. 1995). · cites it 2× “The jury in this medical malpractice action returned verdicts for the plaintiffs totalling $1,305,000, broken down, as required by G. L. c. 231, § 60F, into past and future damages.”
English v. New England Med. Ctr., Inc., 541 N.E.2d 329 (Mass. 1989). “), modification of the collateral source rule pursuant to G. L. c. 231, §§ 60F, 60G, and 60H (1986 ed.”
Keene v. Brigham & Women's Hosp., Inc., 775 N.E.2d 725 (Mass. App. Ct. 2002). “351, § 24, provides that, in a jury-waived trial, an award of damages shall include, but not be limited to: “[ajmounts intended to compensate the plaintiff for pain and suffering, loss of companionship, embarrassment, and other items of general damages, which have been incurred…”
Lambley v. Kameny, 682 N.E.2d 907 (Mass. App. Ct. 1997). “G. L. c. 231, §§ 60F(a)(2)&(3). In short, Lambley’s claims realistically constitute a charge that Dr.”
Keene ex rel. Keene v. Brigham & Women's Hosp., Inc., 11 Mass. L. Rptr. 545 (Mass. Super. Ct. 2000). · cites it 7× “G.L.c. 231, §60F(b). That determination requires a finding of Dylan’s life expectancy, based on the preponderance of the credible evidence presented in this case.”
Gonzalez v. United States (D. Mass. 2021). “See M.G.L. c. 231, § 60F. In addition, [a] person who [] by his negligence causes the death of a person .”
Show all 20 citing cases →
— Mass. Gen. Laws ch. 231, § 60F(a) — 1 case
Martin v. City of Cambridge, 10 Mass. L. Rptr. 334 (Mass. Super. Ct. 1999).
— Mass. Gen. Laws ch. 231, § 60F(a)(2) — 1 case
Lambley v. Kameny, 682 N.E.2d 907 (Mass. App. Ct. 1997). “G. L. c. 231, §§ 60F(a)(2)&(3). In short, Lambley’s claims realistically constitute a charge that Dr.”
— Mass. Gen. Laws ch. 231, § 60F(a)(l) — 1 case
Sylvestre v. Martin, 23 Mass. L. Rptr. 408 (Mass. Super. Ct. 2008).
— Mass. Gen. Laws ch. 231, § 60F(b) — 1 case
Keene ex rel. Keene v. Brigham & Women's Hosp., Inc., 11 Mass. L. Rptr. 545 (Mass. Super. Ct. 2000). “G.L.c. 231, §60F(b). That determination requires a finding of Dylan’s life expectancy, based on the preponderance of the credible evidence presented in this case.”
— Mass. Gen. Laws ch. 231, § 60F(b)(3) — 1 case
Keene ex rel. Keene v. Brigham & Women's Hosp., Inc., 11 Mass. L. Rptr. 545 (Mass. Super. Ct. 2000). “G.L.c. 231, §60F(b). That determination requires a finding of Dylan’s life expectancy, based on the preponderance of the credible evidence presented in this case.”
— Mass. Gen. Laws ch. 231, § 60F(b)(l) — 1 case
Keene ex rel. Keene v. Brigham & Women's Hosp., Inc., 11 Mass. L. Rptr. 545 (Mass. Super. Ct. 2000). “G.L.c. 231, §60F(b). That determination requires a finding of Dylan’s life expectancy, based on the preponderance of the credible evidence presented in this case.”
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