The statute of limitations for filing a medical malpractice lawsuit in Florida is two years, and you must file before this time expires or risk jeopardizing your case. Knowing what a statute of limitations is and how it affects your rights is essential when pursuing compensation for medical negligence. Acting promptly helps protect your legal rights and ensures your case can be built on the strongest possible foundation.
Our Florida medical malpractice lawyers can guide you through these complex rules and explain important exceptions, including the discovery rule, child victim considerations, and cases involving fraud or concealment. By reaching out early, you allow your legal team to preserve critical evidence, secure expert testimony, and manage pre-suit requirements without risking missed deadlines. Contacting an attorney as soon as possible gives you peace of mind while your legal team handles the paperwork, communications, and strategy for recovering the compensation you deserve.
What is a Statute of Limitations, and How Does it Affect Me?
The statute of limitations limits how long you have to take legal action. Per Florida Statutes § 95.11, you must file your lawsuit within two years of the date of the injury (or when you should have reasonably discovered it).
If you don’t file before this time limit expires, the court will likely reject your case. If the court rejects your case, you don’t have any leverage with the insurance company. You can keep negotiating, but it likely won’t offer you what you deserve. This could leave you paying tens of thousands (or more) out of pocket.
Are There Exceptions to the Medical Malpractice Statute of Limitations in Florida?
Yes, there are a few exceptions to the statute of limitations. It is important that you do not rely on these exceptions, as they may not apply in your case. We recommend that you get in touch with us as soon as possible to protect your right to recover the compensation you deserve.
The Discovery Rule
In some cases, injuries from medical malpractice are not immediately apparent. In these cases, the time limit tolls (i.e., pauses). For example:
- A surgeon leaves a surgical towel inside a patient. The surgical towel doesn’t cause complications for several months. The statute of limitations would toll until the day the surgical error is discovered.
- A surgeon places an implant incorrectly, but the patient doesn’t feel its effects until a year later. The statute of limitations would begin counting down a year after the surgery.
- An oncologist fails to diagnose a tumor. The patient seeks a second opinion eight months later. The second doctor diagnoses the patient with stage III cancer. The statute of limitations would not start counting down until the diagnosis.
Child Victims
If your child was injured due to medical negligence, a medical malpractice case can be filed up until their eighth birthday.
Fraud or Concealment
If your medical provider attempted to conceal the error, you have two years from the date you learned you were injured.
You Must Be Aware of the Statute of Repose, Regardless of Exceptions
The law does allow for some exceptions, but that doesn’t mean you have all the time in the world to act. This is because of Florida’s statute of repose, which is essentially an absolute deadline for your case.
The statute of repose for medical malpractice lawsuits for adults is four years after the malpractice occurred.
However:
- If the medical provider attempted to conceal the error, you have no more than seven years from the date the error occurred to take action.
- The statute of repose for medical malpractice lawsuits for child victims is still four years; however, lawsuits can be filed until a child’s eighth birthday, even if it surpasses the four years.
The Statute of Limitations is Not the Only Reason You Want to Act Quickly
Taking action early doesn’t just protect your legal rights; it helps your attorney build the strongest possible case and takes a major burden off your shoulders. Here are a few reasons you want to get started quicker:
1. Preserving Critical Evidence
Medical records, test results, and hospital documentation can be misplaced, altered, or destroyed over time. Witnesses may forget what happened or move away. The sooner you contact an attorney, the sooner your legal team can collect and preserve vital evidence while it’s still fresh.
2. Securing Expert Testimony
Florida law requires expert medical opinions before filing a malpractice claim. Finding the right specialist and giving them time to review your records can take months. Reaching out early ensures your attorney can line up credible experts who can help your lawyer prove negligence in your medical malpractice case.
3. Avoiding Pre-Suit Delays
Before filing a medical malpractice lawsuit in Florida, your lawyer must go through a detailed pre-suit investigation process, including sending notices to healthcare providers and obtaining sworn expert statements. Acting quickly gives your legal team the time needed to complete these steps without risking missed deadlines.
4. Managing Medical and Financial Stress
The aftermath of a medical error often means new treatments, unexpected expenses, and emotional strain. Starting your case early allows your attorney to pursue compensation while you focus on your recovery and your family.
5. Preventing Legal Surprises
Small details, like when the injury was discovered or when treatment ended, can drastically affect your filing deadline. By speaking with an attorney as soon as possible, you reduce the risk of losing your right to recover due to a technical or timing issue.
6. Letting Our Team Handle Everything for You
When you call our firm early, we step in right away to manage the entire process, gathering records, dealing with insurance companies, consulting medical experts, and handling all communications. You don’t have to chase paperwork or worry about legal deadlines. Our team takes everything off your plate so you can focus on what really matters.
Don’t Risk Overstepping Florida’s Statute of Limitations for Medical Malpractice Cases
If you believe you or a loved one has been harmed by medical negligence, don’t wait to find out if you have a case. Florida’s medical malpractice laws are complex, and time limits can be unforgiving, but you don’t have to navigate them alone.
Our experienced legal team has helped countless patients uncover the truth, hold negligent providers accountable, and recover the compensation they deserve. From the moment you call, we’ll handle every aspect of your case, from gathering records to consulting medical experts, so you can focus on your health and your recovery.
Call Anidjar & Levine today for a free, confidential consultation. We’ll review your situation, explain your rights, and help you understand your options. There’s no cost to get answers, and you pay nothing unless we recover for you.
