What Is The Time Limit For Medical Malpractice In Florida?

If you were injured by a negligent physician, you’re probably wondering how much time you have to file a malpractice claim.

Since missing this deadline can result in the dismissal of the case, you’ll lose your right to recover the financial compensation you’re entitled to under the law.

Keep reading to learn more about the statute of limitations in malpractice and whether any exceptions apply to your case.

Florida statute of limitations explained

The statute of limitations is a legal term that refers to the limit of filing a lawsuit. It’s generally a strict deadline, save for a few exceptions. Failure to file a lawsuit within the allocated time will lead to your case being dismissed by the court.

Put differently, even with a legitimate malpractice claim, you won’t receive any compensation. This is exactly why you should be aware of the statute of limitations that apply to your situation. 

So, what is the time limit for medical malpractice in the Sunshine State?

Relevant Florida statutes require the claimant to file an action within two years of the injury or death.

The two-year window certainly seems like a lot of time. However, due to the complexity and the time-consuming nature of such cases, it’s in your best interests to hire a malpractice attorney as soon as you recover from the injury to make sure you meet this deadline.

Are there exceptions to the statute of limitations? 

As a matter of fact, yes. Here are a few exceptions to the two-year limit for malpractice cases:

1. Discovery rule

The discovery rule applies to circumstances where an injury isn’t immediately discovered. This means the statute of limitations begins when the plaintiff discovers or should have reasonably discovered the injury. 

This period can’t extend for longer than four years since the incident of malpractice occurred and is commonly referred to as the statute of repose. You can view it as a hard deadline applying to all malpractice cases. 

Here’s an example:

Let’s say a surgeon makes a mistake that causes harm to the patient during surgery, but the injury doesn’t manifest for three years. The patient can still file the claim in this scenario because the statute of repose extends the filing limit to four years. 

2. Cases involving concealment or fraud

If a case involves fraud or concealment, the court will extend the limit for filing a claim. Concealment refers to instances where the liable parties intentionally hide evidence of negligence to avoid a lawsuit. On the other hand, fraud occurs if the negligent parties intentionally misrepresent the facts of the case. 

Fraud also applies to omission. This is when the negligent party fails to provide the required documents or doesn’t answer questions to avoid liability. 

If either applies to your case, you have an additional two years since discovering the concealment or fraud to bring forth a suit. Do note that this only applies if you file the claim within seven years of the injury. 

3. Cases involving children

What is the time limit for medical malpractice cases that involve children?

These claims are held to a different standard and may result in an extended statute of limitations. Such rules are critical in cases involving birth injuries that lead to adverse effects like cerebral palsy or other developmental disabilities. 

For cases involving children, Florida statutes extend the statute of repose to four years from the date of the injury. The four-year limit applies after the child turns eight. 

Keep in mind that this extension is primarily aimed at helping handle delayed discovery cases. It may not apply to cases where parents were aware or should have been aware of the injury. In such circumstances, the two-year limit will likely apply.

Additional factors that may affect the statute of limitations

Along with the laws that address concerns about claims with no legal merit, Florida also enacted various laws that help parties determine which cases are valid. Thus, there must be a reasonable investigation into the alleged negligence before the claim enters the trial stage. 

These laws can also impact the statute of limitations.

For instance, an attorney can file a petition with the court clerk to get a 90-day extension of the regular limit. The purpose of this extension is to investigate the case and determine whether it has legal merit or not. 

Similarly, when the pre-suit investigation process starts, the attorney must provide all defendants with notice of intent to initiate litigation before they’re allowed to file the case. This gives both parties an extra 90 days to investigate the claims. 

It’s also possible to negotiate yet another tolling to investigate the facts of the case further. During both occurrences, the statute of limitations clock is temporarily stopped - meaning it doesn’t count toward the overall filing limit. 

Lastly, the pre-suit investigation may also allow for further extensions. During the discovery process, parties must exchange all case information, including documents and testimony. If the defending party believes there are no grounds for a lawsuit, they can file a verified medical opinion that supports the rejection of the claim. 

Upon receiving the rejection letter, you have an additional 60 days to file a lawsuit. 

Start the pursuit of justice now

Hopefully, you now have a clear understanding what is the time limit for medical malpractice. Although it seems like there is ample time to file your claim, many people lose out on the opportunity to recover compensation because they wait too long. 

Victims of medical negligence often deal with excruciating physical pain and emotional trauma. The recovery process may also render you unable to work, leaving you to deal with the stressors of financial hardship. It’s very common to procrastinate in these circumstances because the last thing you want to do is recount a traumatic event. 

Still, while stepping out of your comfort zone will not erase the painful memory, it can help you get closure and regain a sense of control over your life. 

If you need an attorney with an unprecedented level of expertise who will handle your matters with compassion, Sowell Chakour is the best choice. With multiple decades in the industry and thousands of clients ready to attest to our skills, we can exponentially improve your odds and make sure you’re compensated fairly for what you endured. 

Pursue justice now - call (833) 633-6257 or fill out our contact form.

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.