If you have been harmed by the actions or inactions of a doctor, hospital, or other healthcare provider, you may be wondering how long you have to file a medical malpractice lawsuit. An experienced Orlando medical malpractice attorney can guide you through the deadlines and exceptions that may apply under Florida law.
Below, our team at Dellecker, Wilson, King, McKenna, Ruffier & Sos answers common questions about filing a medical malpractice claim in Florida, including how the statute of limitations and statute of repose may impact your case.
How long do you have to file a medical malpractice lawsuit in Florida?
Under Florida law, the statute of limitations period for most medical malpractice cases is two years. This means you typically have two years from the date the malpractice occurred, or from the date you discovered or reasonably should have discovered the injury, to file a claim. This is known as the discovery rule and is meant to account for situations where harm is not immediately apparent.
What is the statute of repose for medical malpractice in Florida?
Even with the discovery rule, Florida imposes an overall statute of repose of four years from the date the medical negligence occurred. In most cases, this means you cannot file a lawsuit more than four years after the malpractice took place, regardless of when the injury was discovered.
There are a few limited exceptions, such as in cases involving fraud, concealment, or intentional misrepresentation by the healthcare provider. In those situations, the time limit may be extended, but no more than seven years from the date of the malpractice.
For example, if a surgical tool was left inside a patient and not discovered until five years later, the four-year time limit might still apply, unless there’s evidence that the provider deliberately hid the mistake.
Are there any exceptions for children or minors?
Yes. If the patient is a minor under the age of eight, you may file the lawsuit until the child’s eighth birthday, regardless of when the malpractice occurred, as long as you do not exceed the statute of repose or other applicable limitations. That said, time limits can still apply depending on the details of the case, so you should speak with a medical malpractice lawyer as early as possible.
Why does the statute of limitations matter in medical malpractice claims?
If you miss the applicable time limits for filing a medical malpractice claim, the court will likely dismiss your case, no matter how serious your injury is or how strong your evidence may be. That is why reaching the statute of limitations for medical malpractice lawsuits is a critical factor and why consulting with a medical malpractice attorney early on can protect your right to sue.
How can I determine when the statute of limitations started in my case?
The clock generally starts ticking either when the malpractice occurred or when you discovered, or should have discovered, the injury. However, calculating this date is not always straightforward. Delays in reviewing medical records, seeking a second opinion, or misdiagnosis can all complicate matters. Our Orlando medical malpractice attorneys can review your situation and help determine your specific timeline.
Can a lawyer still help if I think the statute has expired?
Possibly. There are exceptions, especially if there is evidence that the medical professionals involved tried to hide their error. Do not assume you are out of options without talking to a qualified medical malpractice lawyer who can analyze the facts and determine whether you still have time to file a claim.
What steps should I take if I suspect malpractice?
Gather your medical records as soon as possible. Write down your symptoms, diagnosis history, and treatment timeline. Contact an experienced medical malpractice attorney right away. Early action increases your chances of staying within the two-year statute of limitations and successfully pursuing your medical malpractice lawsuit.
Contact an Orlando medical malpractice attorney today
If you are unsure about how long you have to file your medical malpractice lawsuit or if you are nearing the deadline, act immediately. Consulting with a medical malpractice attorney today can help you preserve your rights and determine your best course of action. Contact us online or at (407) 244-3000 to schedule a free consultation.