10 Jan Malpractice Time Limit? Statute of Limitations for Florida Medical Malpractice Claims
Malpractice Time Limit
One of the first subjects that your attorney should discuss with you in your initial consultation is the timing of the suit. That is, when the cause of action occurred and how much time you have to file suit within the Florida court system before the claim becomes stale.
Under Florida Statute §95.11(4)(b) (2011), for an action in medical malpractice, the attorney must file within two years from the time of the incident which gave rise to the cause of action occurred, or within two years from the time that the incident was, or should have been discovered with the exercise of due diligence. In 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.
The exception to these limitations can be found in cases in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury. In those cases, the time limit is extended forward two years from the time that the injury is discovered or should have been discovered with the exercise of due diligence. However, in these rare cases, the suit cannot exceed seven years from the date the incident giving rise to the injury occurred, except that this seven year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
* Please note that this form focuses its practice in Family Law in South Florida.
* We do not provide services in this area of the law, we provide the information on this page as a public service. Aenlle a call at 786.309.8588.