What Is the Statute of Limitations and Statute of Repose for Florida Medical Malpractice Claims?
The Florida Statute of Limitations for Medical Malpractice Claims
In Florida, the statute of limitations for medical malpractice claims is two years from the date the negligent medical care or treatment occurred, was discovered or should have been discovered. Regardless of when the medical negligence is discovered, the absolute latest a suit may be filed is four years from the date the incident occurred, unless the action is being brought on behalf of a minor. In the case of a minor, an action can be brought beyond the four-year limit for discovery of the negligence as long as it is brought on or before the child’s eighth birthday.
If an act of fraud, concealment or intentional misrepresentation of fact prevented the discovery of the medical negligence, the limit on the time period during which a medical malpractice claim may be filed is extended by two years from the date the negligence was discovered or should have been discovered. However, this extension cannot exceed seven years from the date of the initial incident of negligence, except in cases involving minors. Actions brought on behalf of minors on or before their eighth birthday are permissible.
The Florida Statute of Repose for Medical Malpractice Claims
In Florida, the statute of repose, or the time in which a person has a legal right to initiate litigation for medical negligence, is four years. That is, after four years have passed from the date the initial act of medical negligence occurred, you can no longer sue the health care provider(s) for medical malpractice. Even if the injured patient or family did not know about the malpractice and had no reasonable way to ascertain that medical negligence had occurred, a claim cannot be brought more than four years after the actual incident of medical negligence.
The only exceptions to this four-year statute of repose are cases that involve concealment, fraud or intentional misrepresentation and minors under the age of eight. If an act of fraud, concealment or intentional misrepresentation of fact prevented the discovery of the medical negligence, the time period during which a medical malpractice claim may be filed is extended by two years from the date the negligence was discovered or should have been discovered up to a maximum of seven years from the date of the initial incident of negligence. In cases involving minors, if the negligence is not discovered within four years, actions may be brought up until the child’s eighth birthday.
How Can Experienced Florida Medical Malpractice Attorneys Help?
For a thorough explanation of the laws, requirements and procedures related to your specific circumstances, please contact us directly by calling 800-673-9585 or submitting the “What Can We Help You With?” form on our website. We look forward to talking with you and addressing any concerns you might have about medical malpractice litigation in Florida.
The medical malpractice attorneys of Paul Knopf Bigger have a long record of achievements for our clients who have been injured by medical negligence, including many multi-million-dollar settlements and awards. Attorneys throughout the U.S. rely on our expertise to handle their clients’ complex medical malpractice claims in Florida, and you too can trust us to successfully pursue justice on your behalf.