Statute of Limitations on Medical Malpractice in Florida

When someone suffers an injury as a result of negligence by a medical professional, they only have a certain amount of time to file a claim. In fact, each state has a different set of rules on filing lawsuits. These rules and regulations are legally referred to as “statutes.” In regards to medical malpractice cases, statutes vary from state to state. The statute of limitations on medical malpractice in Florida is not always cut and dry; various factors are involved in determining the amount of time someone has to file a suit.

This article will discuss the amount of time someone has to file a medical malpractice suit, exceptions to this rule, and other pertinent information regarding malpractice claims in Florida.

Key Takeaways

• Florida medical malpractice claims are generally subject to a two-year statute of limitations measured from the incident or when the incident was discovered, or should have been discovered with due diligence.
• Florida also generally has a four-year statute of repose measured from the date of the medical malpractice incident, subject to specific exceptions.
• If fraud, concealment, or intentional misrepresentation of fact prevented discovery of the injury, Florida law may extend the filing period, generally subject to a seven-year outside limit.
• Florida provides special protections for claims involving minors, including exceptions to the four-year and seven-year repose periods for actions brought on or before the child’s eighth birthday; however, the ordinary two-year limitation can still apply.
• Because the applicable deadline depends on the facts of the case, potential medical malpractice claims should be evaluated as early as possible.

How Long You Have to File a Claim

According to Florida Statute § 95.11(5)(c), a person must file a medical malpractice lawsuit within 2 years of the date the incident was discovered, or should have been discovered with the exercise of due diligence. There are only a few exceptions to this rule so it’s important to contact an attorney immediately if you suspect that you or a loved one suffered injury due to negligence by a medical professional.

There are only a few exceptions to this rule so it’s important to contact an attorney immediately if you suspect that you or a loved one suffered injury due to negligence by a medical professional.

Of course, some injuries are not immediately apparent. For example, a patient may be experiencing constant abdominal pain and a doctor sends them home with pain relievers. Later the patient’s appendix ruptures and the patient becomes septic and dies. That case may be one for extreme neglect and/or malpractice. Other times a patient may go in for limb amputation and the wrong limb is removed. Naturally, that horrific example is definitely medical malpractice.

As alluded to above, there are certain exceptions to the “two year rule” on filing a claim. You can read more about these in the next section.

Florida’s Medical Malpractice Presuit Process Can Affect Timing

Before filing a medical malpractice lawsuit in Florida, a claimant generally must complete a presuit investigation and provide the prospective defendant with a notice of intent to initiate litigation. Florida law provides for a 90-day presuit screening period after that notice is served.

During that 90-day period, the statute of limitations is generally tolled as to the prospective defendants. However, the notice itself must still be served within the applicable time limits under Florida law.

Florida Statute § 766.106

Exceptions

Florida generally imposes a two-year statute of limitations, as well as a four-year statute of repose measured from the date of the medical malpractice incident. The four-year period is not simply an extension of the two-year deadline; it generally sets an outside limit on when a claim may be filed, subject to statutory exceptions. However, after four years only fraud and cases involving minors may be considered.

Cases of fraud, concealment, or intentional misrepresentation of fact allow exceptions to the two year rule. In fact, once the injury is discovered, or should have been discovered with the exercise of due diligence, the limitations period may be extended forward two years. However, this extension generally may not exceed seven years from the date of the incident, except that the seven-year period does not bar an action brought on behalf of a minor on or before the child’s eighth birthday.

Malpractice Claims Involving Minors

The statute of limitations in regards to minors does follow different guidelines. A variety of laws protect children as many injuries may not be apparent until a child matures. For example, oxygen deprivation at birth may lead to cerebral palsy, learning difficulties, and various physical/mental challenges for a young child.

Parents may begin to notice that their child is not meeting typical milestones that are expected for developing toddlers. At this time, parents may question what happened during childbirth. Was the doctor or medical staff negligent? Contacting an attorney as soon as you notice significant problems is vital. Florida also generally imposes a four-year statute of repose measured from the date of the medical malpractice incident; this is not simply an extension of the two-year deadline when an injury was not immediately discoverable.

Not Every Medical Injury is Considered Malpractice

It’s important to note that every sad event in a hospital setting is not always considered malpractice (see reasons a medical malpractice lawyer won’t take a case).

Sometimes natural causes are the reason for a person’s death. During difficult, traumatic times people may want to blame someone for a tragic loss.

For example, sometimes babies are stillborn despite every modern precaution and the best care. It’s a rare event: but, it can happen. Also, despite medical personnel following proper procedure and providing excellent care; sometimes nature has other plans and people pass away. If you are in doubt about a medical occurrence in a hospital, or with your doctor, you should obtain legal advice as soon as possible.

Recap and Summary

Here is a quick recap and summary of the content discussed within this article.

• Two years is the standard statute of limitations on medical malpractice in Florida
• Florida also generally imposes a four-year statute of repose measured from the date of the medical malpractice incident; this is not simply an extension of the two-year deadline when an injury was not immediately discoverable
• If fraud, concealment, or intentional misrepresentation of fact prevented discovery of the injury, the filing period may be extended forward two years from discovery, but generally not beyond seven years from the date of the incident, subject to the statutory exception involving minors
• The four-year and seven-year repose periods do not bar an action brought on behalf of a minor on or before the child’s eighth birthday, although the ordinary two-year statute of limitations may still apply
• Not every medical injury is considered malpractice
• It’s always best to obtain professional legal advice as no two cases are the same

In summary, if you’re thinking of pursuing a possible malpractice claim you should do so as soon as possible since numerous statutes limit when and how long a person has to file a lawsuit. It’s extremely important to work with a lawyer who specializes in medical malpractice claims to ensure your case is properly handled and you obtain necessary compensation for injuries.