updated January 27, 2010

There is a bill proposed, to remedy the problem of Massachusetts law, which prevents the children of Massachusetts from having the rights that kids in 40 other states have.  The bill is found at: http://www.mass.gov/legis/bills/house/186/ht01/ht01306.htm

The presentation file at this next link shows you the history of the present medical malpractice law in Massachusetts and how children are harmed by it.  It also shows how the playing field has changed since the law was enacted in 1986, against what is good for children and families in the Commonwealth.  The Supreme Judicial Court has noted that children have been harmed by "fraudulent concealment" by doctors, and that there is an incentive in place to do that.  Does Massachusetts really want doctors to hide what they do from parents?

http://www.erikslaws.com/uploads/MassNeedsHB1306.ppt


If you have a child or grandchild in the Commonwealth, what YOU don't know can seriously affect the legal rights of that child.  I didn't write this up for my son, it is written to benefit someone else's child.


This map of the United States compares Massachusetts to the other states, in the situation where parents find out 8 years after, that something was done to their child at birth.  Other states have different "statutes of limitations" and have a "discovery rule", so that if something is kept hidden from parents, there is no protection for people who keep the information hidden.

 


If Erik had been born in 40 different states, his parents would have a chance at a day in court for him.  Those 40 states contain 90% of the US population.  How can it be that a citizen of Massachusetts would have LESS RIGHTS?


The Present Version of the law for medical malpractice is found here:

http://www.mass.gov/legis/laws/mgl/231-60d.htm

In other states, when the parent finds out something was done wrong to a child, a certain amount of time exists to seek a legal remedy.  In Massachusetts, the clock starts running at the time of the mistake, and if you don't find out before the time limit, "you lose".  To remedy that problem, this is proposed:

HB 1306 – An Act relative to malpractice complaints for injuries sustained by minors.

Section 60D of chapter 231 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out in lines 6 to 11 the following words:-

“accrues, except that a minor under the full age of six years shall have until his ninth birthday in which the action may be commenced, but in no event shall any such action be commenced more that 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.”

And inserting in place thereof the following words:-

is discovered

Please contact your state representative, state senator, and governor and tell them that you want the children of Massachusetts to have the same protection as the kids of other states!

You'd think that here in Massachusetts, where we have some of the best doctors, nurses, and medical care in the world, that we wouldn't need among the most restrictive patient rights.  Yet 70% of the states give parents the rights to have their day in court 8 years after medical malpractice is alleged to have occurred to their newborn.

There are 49 other states, and the District of Columbia, all with medical malpractice statutes.  In the case of a newborn treated badly, what would happen elsewhere if a case of malpractice is alleged at age 8?  Well Massachusetts is in the  minority of states which restricts the ability of the parents to take legal action.  These 10 states are: Delaware, Georgia, Indiana, Kentucky, Louisiana, Oklahoma, South Carolina, Utah, Vermont, and Washington.

Aw heck, we have a better quality of medical care in the commonwealth than in those states.  Why do we need to make it tougher for parents of kids with disabilities, when those disabilities can finally be traced to medical care?

The states, that if I lived there, I could have my day in court and try to achieve medical justice for my son, would be these 40: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming.

Info source: www.statutes-of-limitations.com/, as interpreted by me, and I am not a lawyer.