Florida Statute of Limitations for Medical Malpractice

The statute of limitations for medical malpractice establishes a timeline during which you can bring a medical malpractice lawsuit in Florida.

Once the statute of limitations has expired, however, you can no longer bring a lawsuit. In Florida, the statute of limitations for medical malpractice is two years.

Understanding the Statute of Limitations for Medical Malpractice

The statute’s clock begins running from the time that you, the patient (or your parent or guardian, if you were underage) knew, or should have known, that you suffered an injury as the result of medical negligence. There must be a reasonable possibility that your injury was the result of medical malpractice.

While this might seem straightforward, actually calculating the statute of limitations can be complicated. That’s because it’s based on the wording of the statute, and there are multiple case decisions that seek to interpret what’s necessary for a victim of medical malpractice to have knowledge of the incident.

The Medical Malpractice Statute of Repose

In addition to the standard statute of limitations on medical malpractice claims, Florida also has what’s called the statute of repose. The statute of repose states that a healthcare provider may not be sued for medical malpractice more than four years after the date of the actual incident of malpractice, unless there is fraud, misrepresentation, or concealment.

This means that if you don’t know about the malpractice, and have no reasonable means of discerning it, you may still find yourself with no ability to make a claim if four years go by before you discover it.

However, if you can somehow prove fraud, concealment, or misrepresentation, the repose period may be extended to seven years. That being said, the statute of repose cannot cut off a child’s claim prior to his or her eighth birthday.

Medical Malpractice Lawyer in Palm Beach County

Medical malpractice cases can be complicated, especially if you attempt to navigate the process alone. Our law firm has the experience you need on your side.