After experiencing medical harm, you may feel unsure whether you even want to pursue legal action. But in Florida, waiting too long to decide could cost you the right to file a claim. Most victims of medical malpractice only have two years to act.
If you believe medical malpractice caused your injury, an experienced Orlando medical malpractice attorney at DWK Law can help you seek answers and accountability.
What does the statute of limitations mean?
In Florida, the medical malpractice statute states that you must file a lawsuit within two years of when the incident occurred or from when patient or representative discovered or reasonably should have discovered, the injury was likely caused by medical negligence.
What does it mean to toll the statute of limitations in my medical malpractice case?
Tolling the statute of limitations means that the legal time limit to file your medical malpractice claim is temporarily paused. This can extend the timeframe for filing a lawsuit, depending on your specific situation.
In Florida medical malpractice cases, tolling commonly applies in situations like delayed discovery of the injury, fraud, or concealment. And if the injured person is mentally incapacitated and cannot make legal decisions, tolling might apply until they regain capacity or a legal guardian is appointed.
Tolling matters because it can preserve your right to pursue compensation, even if the statute of limitations has passed. Without tolling, your claim could be dismissed, even if the malpractice caused serious harm, simply because too much time went by before you learned the full extent of what happened. An experienced medical malpractice attorney at DWK Law can evaluate whether or not tolling applies in your case and make sure your claim is filed within the proper legal timeframe
What is the Discovery Rule?
You may often hear people refer to the discovery rule. In a medical malpractice case, this refers to the fact that your medical malpractice statute of limitations does not begin until the victim of medical malpractice discovers or reasonably should have discovered the injury.
How much evidence do I need to file a medical malpractice lawsuit?
Florida Statute 766.104, states that you may only file a claim if you have completed a preliminary, good-faith presuit investigation leading you to believe that malpractice occurred. So while you do not need all of the evidence immediately, you should have enough reason show there is a reasonable basis to bring the medical malpractice suit in good faith.
Once you file a medical malpractice lawsuit, you should be prepared to provide evidence that the defendant provided negligent medical treatment. It can take time for an experienced medical malpractice attorney to complete a thorough investigation and build your case, making it crucial to act sooner rather than later.
What is a Statute of Repose
In Florida, there are two key time limits that apply to medical malpractice cases: the statute of limitations and the statute of repose.
The statute of limitations gives you two years to file a lawsuit from the date you discovered, or should have discovered, that the malpractice occurred. This rule helps protect patients who may not realize right away that a medical error caused them harm.
The statute of repose, however, is a stricter deadline. It sets a four-year limit from the actual date the malpractice happened, regardless of when you found out about it. Even if you didn’t know something went wrong until years later, you generally can’t file a claim more than four years after the negligent act.
There are a few exceptions to the four-year rule, including cases involving fraud or certain types of injuries to minors. But these are limited and require specific legal arguments to apply. An experienced medical malpractice attorney can help you navigate that process.
If I have two years to file a medical malpractice lawsuit, what’s the harm in waiting?
Legally, you likely have at least two years from the date of injury to file your medical malpractice claim, depending on your situation. However, there is a lot that can happen in that time, and while you have the legal option, you may be losing valuable evidence or unknowingly taking action or inaction that damages your case. In most situations, you are best served by immediately contacting DWK Law to discuss your options. Our team also handles specific malpractice claims, including birth injuries and ERCP malpractice cases.
Call DWK Law for help filing your medical malpractice lawsuit within the statute of limitations
We trust our medical providers to be diligent and competent in the care they provide. In many cases, we trust them with our lives, and when they violate that trust by providing negligent medical care, they should be held accountable for their actions. You shouldn’t have to shoulder the burden of their mistakes. DWK Law is here to help. Call us at (407) 244-3000 or contact us online to schedule your free consultation.