Understanding the Statute of Limitations for Medical Malpractice in Florida

Medical malpractice cases are some of the most complex legal matters involving both medical and legal expertise. In Florida, as in many states, there are strict time limits for filing a medical malpractice lawsuit, known as the statute of limitations.

Understanding these time limits and the exceptions that may apply is crucial for anyone who believes they have been harmed by medical errors or negligence. Acting quickly is essential to preserve your right to seek compensation for injuries resulting from medical malpractice.

What Is the Statute of Limitations for Medical Malpractice in Florida?

As mentioned, the statute of limitations is when a patient must file a lawsuit for medical malpractice. In our state, the general statute of limitations for medical malpractice claims is two years from the date of the incident or from when the injury was discovered or should have been discovered, with due diligence.

This time limit is designed to ensure that cases are brought to court while evidence is still fresh and before memories fade. The Florida Legislature outlines updated 2024 statutes for medical malpractice and related matters.

General Time Limit

The clock typically starts ticking on the date the medical malpractice occurred. For example, if a surgeon leaves a surgical instrument inside a patient, the two-year period would generally begin on the date of the surgery.

However, in some cases, the injury may not be immediately apparent. The statute also allows for a two-year gap from the time the incident or misdiagnosis was discovered or should have been discovered with the “exercise of due diligence.”

In this case, the clock begins running when you find out that you were the victim of malpractice, when you learn there was a problem, or when you reasonably should have become aware of the issue.

The Statute of Repose

However, Florida law also includes a statute of repose for medical malpractice cases that sets an absolute deadline of four years from the date the malpractice occurred, regardless of when the injury was discovered.

So, while the discovery rule does give a patient more time to move forward with the case and sue, the period isn’t unlimited–if an injury is discovered more than four years after the malpractice took place, the patient is typically barred from filing a lawsuit.

Exceptions to Florida’s Medical Malpractice Statute of Limitations

While the general rule is that a medical malpractice lawsuit must be filed within two years, there are some complexities attorneys must consider when analyzing scenarios and deciding whether to accept a case, including these important exceptions:

• Fraud, Concealment, or Intentional Misrepresentation. If the healthcare provider engaged in fraud, concealment, or intentional misrepresentation to hide their malpractice, the statute of limitations may be extended.

In such cases, the patient has two years from the date the fraud or concealment is discovered to file a lawsuit. However, the overall statute of repose still applies, so the lawsuit must be filed within seven years from the date the malpractice occurred.

• Minors. If the victim of medical malpractice is a minor, special rules apply. If the malpractice occurs before the child’s eighth birthday, the statute of limitations does not begin until the child turns eight.

After that point, the standard two-year statute of limitations applies. However, if the injury is discovered later, the four-year statute of repose may still bar the claim, depending on the circumstances.

• Cases Involving Death. In cases where medical malpractice results in death, Florida’s wrongful death statute comes into play. The statute of limitations for filing a wrongful death lawsuit is two years from the date of death, not from the date of the malpractice.

The Importance of Acting Quickly in Florida Medical Malpractice Cases

Given the strict time limits imposed by the statute of limitations, it is crucial to act quickly if you believe you have been a victim of medical malpractice. Why is prompt action so essential?

For one, you must preserve the evidence. Evidence is critical in medical malpractice cases. Medical records, witness statements, and expert testimonies are all necessary to build a strong case. Over time, evidence can be lost, and memories can fade, making it more difficult to prove your case. Acting quickly ensures that you have the best chance of preserving this crucial evidence.

Additionally, you want to make sure you file your claim within the statute of limitations. If you miss the deadline, your case will likely be dismissed, regardless of how strong your claim may be. Once the statute of limitations has expired, you lose your right to seek compensation through the courts.

Finally, medical malpractice cases are often complex and require a thorough investigation. By contacting an attorney early, you give your legal team ample time to investigate your case, consult with medical experts, and prepare your lawsuit.

Steps to Take If You Suspect Medical Malpractice in Florida

If you suspect that you or a loved one has been the victim of medical malpractice, here are some steps you should take immediately:

Seek a Second Medical Opinion

Before pursuing legal action, it’s important to confirm that malpractice occurred. Seeking a second opinion from another healthcare provider can help establish whether the standard of care was breached.

Gather Medical Records

Obtain copies of all relevant medical records. These records will be essential for your case.

Consult with a Medical Malpractice Attorney

Contact an experienced medical malpractice attorney as soon as possible. An attorney can help you understand your rights, evaluate your case, and ensure that your lawsuit is filed within the appropriate time frame.