If you’ve been hurt by medical malpractice in Florida, it’s important to know how much time you have to file your lawsuit. Florida’s statute of limitations determines the deadline for filing a claim, and missing this deadline usually means losing your right to recover compensation–even if your case is strong.
This article explains what you need to know about the statute of limitations for medical malpractice claims in Florida.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a specific time limit for filing a lawsuit. Each state has its own rules, and these limits differ depending on the type of claim you’re filing.
The main reason statutes of limitations exist is to make sure lawsuits are filed while evidence and memories are still fresh. The longer you wait, the harder it can be to prove your case.
In Florida, medical malpractice claims have their own deadlines and specific requirements, making them different from typical personal injury cases.
Florida’s Deadline for Filing a Medical Malpractice Lawsuit
Under Florida law, you generally have two years to file a medical malpractice lawsuit. This two-year clock usually starts ticking from the date the malpractice happened or the date you discovered (or reasonably should have discovered) the injury caused by the malpractice.
For example, if you had surgery and later found out that the doctor left a surgical tool inside your body, your two-year limit starts from the date you discovered (or should have discovered) the error, not necessarily the date of the surgery itself.
What Is the Statute of Repose in Florida?
Florida also has something called a statute of repose, which sets an absolute deadline of four years from the date the malpractice occurred. This means that even if you didn’t know about the malpractice right away, you must file within four years of the event. If you wait longer than four years, your case will likely be dismissed, no matter how strong it is.
These laws can be confusing, so it’s very important to speak to a lawyer as soon as you suspect medical malpractice.
Exceptions to Florida’s Medical Malpractice Statute of Limitations
Although Florida’s medical malpractice statute of limitations seems strict, the law allows a few exceptions where the time limit may be extended. These include:
Fraud, Concealment, or Intentional Misrepresentation
If the healthcare provider actively concealed the malpractice, Florida allows you up to seven years to file your claim from when the malpractice occurred. This might happen if a doctor intentionally hides a mistake or lies about a treatment.
Injured Minors
If the victim is a minor (under 18 years old) at the time the malpractice occurs, Florida law provides more flexibility. Typically, minors must file a claim within two years after they reach their 18th birthday. However, if the malpractice occurred when the child was very young, then the deadline is extended to no later than their eighth birthday.
Because these exceptions are complicated, contacting an experienced attorney quickly is your best bet.
Why Should You Act Quickly When Filing a Medical Malpractice Lawsuit?
Even though Florida’s statute of limitations gives you two years, acting fast can greatly help your case.
Here’s why:
- Evidence stays fresh: Medical records, witness statements, and other key evidence are easier to collect and more reliable soon after the malpractice happens.
- Meet legal requirements: Florida medical malpractice lawsuits require a pre-suit investigation and notice. Your attorney needs time to handle these steps properly.
- Better negotiation position: Filing quickly puts pressure on the healthcare provider’s insurance company, increasing the chances of a fair settlement.
Set up a free consultation with a medical malpractice attorney as soon as you can for help.
The Importance of Florida’s Pre-Suit Process
Florida has a special “pre-suit” process for medical malpractice cases.
Before officially filing a lawsuit, your lawyer must:
- Obtain an affidavit from a qualified medical expert confirming malpractice
- Notify the healthcare provider involved
- Allow a 90-day investigation period for settlement discussions
These steps pause the clock temporarily. However, the pre-suit process is complicated and time-consuming, another reason to begin working with an attorney right away.
Consequences of Missing the Deadline
Missing Florida’s statute of limitations deadline usually means losing your right to compensation forever. Even strong claims get dismissed if they’re filed too late. If you’re dealing with medical malpractice, delays could cost you greatly needed financial support for medical bills, lost income, and pain and suffering.
Contact Our Experienced Florida Medical Malpractice Lawyers Today for a Free Consultation
If you or someone you love has suffered injuries from medical malpractice, don’t wait. Florida’s statute of limitations and pre-suit rules make it crucial to take quick action. You deserve skilled legal representation from a compassionate, experienced attorney.
At Zayed Law Offices Personal Injury Attorneys, our Florida medical malpractice lawyers have decades of experience and have helped recover millions for accident victims. We are ready to fight to get you the compensation you deserve. Contact us at (305) 916-6455 for a free consultation to understand your legal rights and options.
