What Is the Statute of Limitations for Medical Malpractice Cases in Florida?
A statute of limitations restricts the time you have to file a civil lawsuit. If you file your claim after the statute of limitations has expired, the court will dismiss it unless you qualify for one of the few exceptions provided by the law. The Florida medical malpractice statute of limitations is two years from the date of the incident or the date you discover the injury.
A statute of repose sets a hard deadline for filing a lawsuit, regardless of when you discover the injury. Florida’s medical malpractice statute of limitations includes a four-year statute of repose. Thus, you cannot file a lawsuit if more than four years have elapsed since the health care provider committed the error, even if you could not have discovered your injury sooner.
How Is the Discovery Date Determined?
When you discover your injury months or years after the malpractice occurred, the date of discovery becomes central to your claim. The law defines the discovery date as when you first became aware of the injury or when you should have become aware of it “with the exercise of due diligence.” Usually, the discovery date is the date the injury is diagnosed.
However, a defendant can argue that you intentionally delayed the diagnosis or should have discovered the injury sooner. The court may have to determine the discovery date, which can impact the statute of limitations on your claim.
Exceptions to the Statute of Limitations
Florida law provides certain exceptions to the statute of limitations, but you should never assume that you qualify for one. If you guess wrong, your claim could be barred forever, and you will not be able to recover the compensation you deserve. Contact our well-versed medical malpractice lawyers in Florida as soon as possible when you suspect you have a medical malpractice claim. We can determine whether an exception applies to your case and file your lawsuit on time.
The extension of a statute of limitations is often the result of “tolling,” a legal term meaning the clock on the statute of limitations is temporarily paused. In some cases, the statute of limitations remains the same, but the statute of repose is extended. The following are the primary exceptions to the statute of limitations in medical malpractice claims.
Fraudulent Concealment
When the health care provider prevents you from discovering your injury by concealing or misrepresenting information, the statute of limitations is extended to two years after the date you discover the injury, and the statute of repose is extended to seven years after the incident.
We have handled numerous cases where physicians or nurses purposefully hid information from the patient about injuries or damages, and our medical malpractice attorneys have been successful in extending the statute of limitations due to fraudulent concealment.
Probably the most common example would be a surgeon who causes an intraoperative injury and never tells the patient what happened. The surgical nurses, circulators, scrub techs, and even the anesthesia providers can also be responsible for fraudulent concealment.
Minors
The statute of limitations for medical malpractice lawsuits for minors is two years after the incident or discovery of the injury, but the statute of repose is extended until the child’s eighth birthday. However, the law does not make such an exception for older children.
This exception includes children who suffer birth injuries resulting from medical malpractice. However, children who suffer brain or spinal cord injuries expected to result in permanent impairment may be eligible for a NICA claim. The statute of limitations for NICA claims is five years from the child’s birthdate.
Incapacitated Adults
If an adult is legally incompetent, the statute of limitations is tolled until the disability is removed. However, no such claim can be filed more than seven years after the incident.
How FHVG Can Help
The medical malpractice statute of limitations can be confusing when the injury isn’t immediately discoverable. Our knowledgeable attorneys in Florida have more than 20 years of experience handling medical malpractice claims, and we have an in-depth understanding of the medical malpractice statute of limitations in our state.
We have the experience, resources, and fortitude to take on big health care corporations on your behalf. We care about every client and will treat you like family. As long as you call us before it expires, we will not allow the statute of limitations to stand in the way of the compensation you deserve. We will identify the correct deadline and file your claim on time. Call us today at (954) 467-6400 or contact us online to schedule your free case review.
