Statute of limitations in florida for medical malpractice

Table of Contents Show

• What Does the Florida Statute of Repose Mean for Medical Malpractice Claims?
• What to Do If You Have Questions about the Florida Statute of Limitations and Medical Malpractice Claims
• How long do you have to file a medical malpractice lawsuit in Florida?
• How long do you have to sue a doctor after surgery in Florida?
• What is the average payout for medical negligence in Florida?
• What is the cap for medical malpractice in Florida?

When handling a Florida medical malpractice claim, there are several factors to keep in mind including important timelines, procedures, and expectations to the law. 

When a patient suffers an injury as a result of medical malpractice, there is a limited window of time in which they can file a lawsuit. Rules regarding these deadlines are known as the statutes of limitations and vary by state. According to Florida law, a person has two years from the date of the incident, however, if malpractice is not apparent when the incident is discovered they have a total of four years from the date of the incident to follow the suit.

Initial discovery refers to the moment the patient finds that malpractice has taken place. In most cases, discovery is immediate. For example, if a surgeon amputates a patient’s wrong limb, they would know upon waking from surgery, and the initial discovery would be the date of the surgery. 

However, in Florida, a plaintiff must also follow the statute of repose which limits the window in which a person has to sue. A medical malpractice lawsuit must be filed no later than four years from the time of the incident, regardless of the amount of time it takes for the patient to realize that the incident had taken place. In most cases, a lawsuit filed after the four-year window would be thrown out in court. 

There are some exceptions to the Florida statute of limitations for medical malpractice:

• Medical malpractice involving children – Tony’s Law
  Along with Ted Babbitt’s guidance, Elaina Valdes successfully took on Florida’s powerful medical and insurance lobbies to change that state’s malpractice laws as they applied to children. Because of her 3 year fight, Tony’s Law was passed. This law extends a statute of repose when the victim is a child. Under this law, parents have up to a child’s eighth birthday to file claims for medical negligence.
• Medical malpractice involving fraud or concealment
  In the case of a doctor’s intentional fraud or concealment of pertinent information, the statute of limitations is extended to seven years from the date of the occurrence to file a lawsuit.

Prior to filing a lawsuit against a health provider, the plaintiff is required to notify all defendants of their intent to sue and provide an affidavit from a qualified doctor saying that there is malpractice. The notice must be delivered by certified mail, with a request for a return receipt and detailed specifics of the case as well as all parties involved including all other health care providers the plaintiff had seen within two years following the incident. 

There are many factors that can complicate a medical malpractice lawsuit and it is important to find an experienced lawyer who will represent you with diligence. 

If you have questions about whether your case involves medical negligence or malpractice, seek the help of Ted Babbitt, an experienced West Palm Beach, Florida personal injury attorney who can assist you in determining if your situation warrants legal action, and how to proceed if so. His team will give you an honest assessment of your case and explain your legal options. Fill out this online form or call today – (561) 375-2841.

If you or a loved one has been the victim of medical malpractice, it is critical to consult with a lawyer as soon as possible.  Unlike car accidents, dangerous premises and other cases of ordinary negligence where the statute of limitations is four years, the timeframe for Florida medical malpractice claims is very short.

The statute of limitations for medical malpractice claims in Florida is two years from the date the negligent medical care or treatment that injured you occurred, was discovered or should have been discovered.  If your claim is not initiated within the limitations period, it may be barred completely and forever.  Experienced Florida medical malpractice attorneys can extend this limitations period for an additional 90 days by filing a petition with the appropriate court.  The lawyers at the Boyers Law Group routinely file these petitions to extend the limitations period for their clients.

When it comes to medical malpractice claims in Florida, the statute of limitations, however, is not the only deadline to worry about.  There is also a Statute of Repose.
 

What Does the Florida Statute of Repose Mean for Medical Malpractice Claims?

The statute of repose, or the time in which a person has a legal right to initiate medical malpractice litigation in Florida, is four years. In other words, if four years or more have passed since the date the initial act of medical negligence occurred, you can no longer sue the health care provider(s) for medical malpractice.  Even if you did not know about the malpractice and had no way to reasonably discover that it had occurred, you cannot bring a claim against the negligent health care provider(s) if four years or more have passed since the actual incident of medical negligence occurred.

There are, however, two important exceptions to this four-year limit:

• Minor child: When an action is being brought on behalf of a minor child, you may file a medical malpractice claim up until the child’s eighth birthday.
• Fraud: When an injury is not discovered within the stipulated time period because of fraud or because facts were concealed or purposely misrepresented, you may have two additional years from the date you discovered or should have discovered the injury to take legal action against the negligent health care provider(s).  You must, however, take legal action within seven years of the date the incident of medical malpractice occurred.

What to Do If You Have Questions about the Florida Statute of Limitations and Medical Malpractice Claims

If you think you or a family member may have been injured due to medical negligence or medical error and want to find out if you can take legal action to hold the negligent health care provider(s) accountable and obtain the full, fair compensation you deserve, consulting with an experienced Florida medical malpractice attorney is in your best interest. Don’t wait until it is too late to protect your rights and take appropriate legal action.

The Miami medical malpractice attorneys of Boyers Law Group welcome the opportunity to help. We will help you understand Florida’s medical malpractice law and legal procedures and address any concerns you might have about medical malpractice litigation. Call us at 866-300-3762 or submit the “Tell Us What Happened” form on our website to talk with an experienced medical malpractice attorney today.

Trial Attorney Robert Boyers is a founding shareholder of the law firm of Boyers Law Group. The Firm focuses on catastrophic personal injury, medical malpractice, wrongful death, products liability, qui tam litigation, maritime negligence and complex commercial litigation cases.

How long do you have to file a medical malpractice lawsuit in Florida?

How long do you have to sue a doctor after surgery in Florida?

What is the average payout for medical negligence in Florida?

What is the cap for medical malpractice in Florida?