Understanding the Deadlines in Florida Medical Malpractice Cases

In Florida, medical malpractice claims are subject to strict deadlines. There are also steps that patients and families are legally required to take before they can assert their legal rights. As a result, it is important to take action promptly, and hiring an experienced Florida medical malpractice attorney is the first step in the process.

Florida Has a Two-Year Statute of Limitations for Medical Malpractice Claims (in Most Cases)

The deadline for filing a medical malpractice claim in Florida is established by the state’s statute of limitations. In most cases, the statute of limitations for medical malpractice claims is two years. This is made clear in Section 95.11(5)(c) of the Florida Statutes, which states:

“An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence . . . .”

The “discovery” rule means that Florida’s two-year statute of limitations for medical malpractice claims doesn’t necessarily run from the date of the diagnosis or procedure at issue. In some cases, the statute of limitations will start to run immediately. For example, if a medication error results in a life-threatening allergic reaction, the patient (or the patient’s) family will most likely have two years from the date of the error to file a claim.

However, other types of medical errors may not have immediate (or, at least, immediately apparent) consequences. This is common with diagnostic errors, for example. If it takes time to learn that your doctor (or a loved one’s doctor) made a mistake, the statute of limitations generally won’t start to run until you learn—or reasonably should have learned—that you have grounds to take legal action.

As we mentioned above, Florida has a two-year statute of limitations for medical malpractice claims in most cases. Under Florida law, “[if] it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury,” the statute of limitations can be extended to up to seven years (or eight years in the case of a birth injury).

Florida Also Has a Four-Year Statute of Repose (in Most Cases)

When Florida’s two-year statute of limitations applies, the state’s statute of repose applies as well. This statute places a firm deadline on filing a medical malpractice claim regardless of the date of discovery. Section 95.11(5)(c) of the Florida Statutes also states:

“[I]n no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.”

Florida’s statute of repose can limit how long patients and families have to file medical malpractice claims. It can also bar medical malpractice claims in some cases. Here are two examples of how Florida’s four-year statute of repose can impact patients’ and family members’ rights:

• Complications from Medical Implant Discovered Three Years After Procedure – A patient received a medical implant. While it initially appeared as though the procedure went well, three years later, the patient begins experiencing complications. An X-ray confirms that the procedure was done improperly. In this scenario, the patient would only have one year to file a claim under Florida’s four-year statute of repose.
• Failure to Diagnose Discovered Five Years Later – A patient sought a diagnosis for abdominal pain. The patient’s doctor said there was nothing to worry about and sent the patient home. Five years later, the patient is diagnosed with cancer, and it is confirmed that the patient’s doctor could (and should) have diagnosed the cancer previously. Since it has been five years since the diagnostic error, Florida’s statute of repose has expired.

The exception for “fraud, concealment, or intentional misrepresentation” applies here as well—meaning that patients and families will have up to seven years to file a medical malpractice claim in some cases. Additionally, if a healthcare provider makes multiple mistakes over an extended period of time, each mistake could restart the statute of limitations and the statute of repose. As a result, regardless of how long it has been since the diagnosis or procedure in question, if you have questions about your legal rights, you should consult with an experienced Florida medical malpractice attorney promptly.

Patients and Families Must Take Steps Before They Can File a Medical Malpractice Claim in Florida

Another reason to consult with an experienced Florida medical malpractice attorney promptly is that there are steps that patients and families are required to take before they can file a medical malpractice claim in Florida. Specifically, Florida law requires both a “presuit investigation” and “presuit notice.”

While these requirements are intended to prevent frivolous medical malpractice claims, they can also prevent patients and families from filing valid medical malpractice claims if they aren’t careful. If you have grounds to file a medical malpractice claim, you do not want to run out of time to take legal action. The financial and non-financial costs associated with serious medical mistakes can be substantial, and eligible patients and families are entitled to recover just compensation for all of these costs under Florida law.

Finally, it is important to note that while patients and families can have medical malpractice claims under a wide variety of circumstances, filing a medical malpractice claim isn’t necessarily the only option. For example, patients and families may have claims related to dangerous drugs and defective medical devices in some cases as well—and these claims are subject to different rules and requirements.

Learn More from an Experienced Florida Medical Malpractice Attorney for Free

If you have questions about filing a medical malpractice claim in Florida, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced Florida medical malpractice attorney in confidence as soon as possible, call 800-780-8607 or request an appointment online now.