Mass. Gen. Laws » Part III Title V Chapter 260
Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 4 (2026)

Certain tort or contract actions for malpractice, error or mistake

✓ current as of July 2026
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Section 4. Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or enlisted person of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

Notes of Decisions
Cited in 213 cases (27 in the last 5 years), 1929–2026 · leading case: Parr v. Rosenthal, 57 N.E.3d 947 (Mass. 2016).
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Parr v. Rosenthal, 57 N.E.3d 947 (Mass. 2016). · cites it 12× “The limitation and repose periods for medical malpractice claims brought on behalf of adults, established by G. L. c. 260, § 4, are essentially identical.”
Chace v. Curran, 881 N.E.2d 792 (Mass. App. Ct. 2008). · cites it 3× “231, § 60D, and G. L. c. 260, § 4. The plaintiffs’ counts alleging fraudulent concealment and intentional misrepresentation were dismissed without prejudice, however, and leave was granted to the plaintiffs to amend them *260 to set forth facts with sufficient particularity.”
Franklin v. Albert, 411 N.E.2d 458 (Mass. 1980). · cites it 6× “The plaintiffs Peter Franklin and his wife brought an action against the defendants on July 27, 1978, claiming damages as a result of alleged medical malpractice. The plaintiffs’ complaint and affidavit allege the following facts.”
Sisson v. Lhowe, 954 N.E.2d 1115 (Mass. 2011). · cites it 8× “The wrongful death claim in the amended complaint was dismissed as time barred pursuant to G. L. c. 260, § 4 (statute of repose), and the plaintiffs appealed.”
Nett v. Bellucci, 437 Mass. 630 (Mass. 2002). · cites it 5× “231, § 60D; G. L. c. 260, § 4. Because he had performed and inteipreted the ultrasound on March 26, 1992, Dr.”
McGuinness v. Cotter, 591 N.E.2d 659 (Mass. 1992). · cites it 4× “The timeliness of Diane McGuinness’ claims of negligence and breach of warranty is governed by G. L. c. 260, § 4. The version of G. L. c.”
Harlfinger v. Martin, 435 Mass. 38 (Mass. 2001). · cites it 5× “The Legislature then adopted a seven-year statute of repose, applicable to medical malpractice claims by both children and adults, except in cases where the malpractice consisted of leaving a foreign object in the patient’s body.”
Rudenauer v. Zafiropoulos, 445 Mass. 353 (Mass. 2005). · cites it 5× “The defendants moved unsuccessfully for summary judgment, claiming that the action was barred by the repose provision of G. L. c. 260, § 4. The Appeals Court granted the defendants leave to appeal from the denial of the motion.”
Frankston v. Denniston, 907 N.E.2d 244 (Mass. App. Ct. 2009). · cites it 5× “754 (1974), ruling that the complaint was filed beyond the three-year statute of limitations set forth in G. L. c. 260, § 4, and that Frankston should have discovered the alleged legal malpractice more than three years before the commencement of this action in 2004.”
Riley v. Presnell, 565 N.E.2d 780 (Mass. 1991). · cites it 2× “, supra at 210, we tested the accrual of the plaintiff's cause of action "by what a reasonable person in her position would have known or on inquiry would have discovered at the various relevant times.”
Joslyn v. Chang, 445 Mass. 344 (Mass. 2005). · cites it 3× “The plaintiffs argue that they should be relieved of application of the statute of repose in G. L. c. 260, § 4, because the defendants fraudulently concealed their cause of action.”
Murphy v. Smith, 579 N.E.2d 165 (Mass. 1991). · cites it 4× “The parties concede that G.L.c. 260, § 4 (1990 ed.), controls. [5] General *136 Laws c.”
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