Medical Malpractice Statute Of Limitations In Florida - Everything You Need To Know

Suffering harm by a negligent healthcare provider is something that rarely crosses our mind when visiting a doctor. Yet, health professionals are human and as such, prone to making mistakes. 

Fortunately, we hold physicians and other health-related providers to high standards, so the law allows you to take legal action by filing a medical malpractice lawsuit. 

If you plan on doing so, however, you need to be aware of the medical malpractice statute of limitations because missing the deadline can lead to your case being time-barred. To put it differently, you’ll lose your right to pursue legal action. 

Continue reading this guide to learn more about the medical malpractice statute of limitations in Florida, as well as any exceptions that may apply to your case. 

What is the Florida medical malpractice statute of limitations?

According to Florida Statutes §95.11, the medical malpractice statute of limitations is set at two years from the time of the incident to bring forth a case. Furthermore, the statute also states you have a two-year window from the time you discovered the incident or the time the incident should have been discovered with due diligence to file a claim. 

In simple terms, if you didn’t learn about the incident right away, the statute limitations start on the date of the discovery or the date when you should have become reasonably aware of the issue. 

This discovery rule provides you with plenty of time to take legal action. Do note that there is also a four-year hard deadline that starts at the time of the incident you should be aware of. The reason is simple - if you discover the injury three years after the incident, you’ll only have a year remaining to bring forth a medical malpractice claim. 

How important is the discovery rule?

The discovery rule extends the deadline for taking legal action, making it essential because it’s very common for significant time to pass before discovering an injury. 

A good example of this is a situation in which a surgeon left a surgical instrument inside the patient. It may take years to notice the problem or the instrument may only be discovered by another care provider. Even if the plaintiff experienced symptoms, they may not have been aware the symptoms were connected to the incident at the core of the malpractice suit. 

Similar logic applies to misdiagnosis cases where an individual might not be aware they were wrongfully diagnosed until their symptoms worsened or another care professional established the right diagnosis - which may take years.

Are there exceptions to the medical malpractice statute of limitations in Florida?

The hard four-year deadline fortunately doesn’t apply in all circumstances. For instance, the statute of limitations will be extended in instances where a medical professional committed fraud, concealment, or is proven to have intentionally misrepresented the facts. In cases like these, plaintiffs have an additional two years from the date of discovery, with a hard deadline of seven years from the incident. 

Since minors are not considered competent to file a lawsuit, Florida laws provide an exception for the general medical malpractice statute of limitations. The clock on the deadline won’t start running until the minor individual reaches the age of 18, after which they have two years to file a malpractice lawsuit. 

Alternatively, the parents or the legal guardians of the underage plaintiff can file a claim on their behalf. 

What is the statute of limitations if a medical professional was fraudulent, and the plaintiff was underage at the time of the incident?

If a minor plaintiff didn’t discover an injury while they were still underage, they’ll have seven years from the date of discovery to file a lawsuit. For instance, if a 15-year-old was harmed by a negligent physician and didn’t discover the injury until they turned 17, they’ll be able to file a suit until they reach the age of 24. 

Why is the medical malpractice statute of limitations enforced?

Although having a limit on pursuing justice seems unfair, the statute of limitations is enforced for a reason - it protects the rights of all parties involved in the case. 

Regardless of your opinion on the subject, it’s simply unfair to accuse someone of medical negligence for an event that occurred decades ago. First, there’s a high possibility most of the evidence has been lost and similarly, most of the witnesses may not even remember the incident or be unavailable. 

In these circumstances, it’s very difficult for both the defendant and plaintiff to make a case that meets the criteria expected in personal injury law. Thus, the statute of limitations is put in place so this situation can be avoided. 

In conclusion, justice needs to be swift and a case should only reach a court when evidence is prevalent and memories of all parties involved are fresh. 

What happens if you miss the deadline?

When the medical malpractice statute of limitations expires, you lose your right to file a lawsuit. Even though you can technically file a claim, the defendant will have no trouble dismissing the case based on the expired statute of limitations.

Sadly, this means you won’t have any legal recourse to recover compensation for all the material and emotional losses, putting you and your family in financial ruin. This is exactly why you should file a claim as fast as possible if you were a victim of medical negligence.

Strike while the iron is hot

Four years may seem like a long time, but it can go by in a heartbeat, especially if you shift your focus toward other areas of your life. 

If your injury caused permanent harm and led to financial losses, you owe it to yourself to pursue justice, recover fair compensation, and hold the negligent party accountable for their actions. 

Equally important, pursuing justice may also stop the negligent physician from causing harm to other people. Meaning, you’re not filing a lawsuit just for your own gain, but you’re fighting for a greater cause. 

Regardless of the circumstances, you need an attorney specializing in medical malpractice. Here at Sowell Chakour, we’re ready to jump in and take action. Medical malpractice is our main area of expertise, and since we employ attorneys who have prior experience as surgeons, we can offer more than just a regular personal injury attorney. 

Receive a free case review by calling (833) 633-6257 or filling out our contact form, and strike while the iron is hot.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.