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.