Video Transcript
The statute of limitations in Florida is not as straightforward as it may sound. There is a two-year statute of limitations from the point you knew or should have known that you may have been injured through medical negligence. There is a 4-year statute of repose from the date of malpractice, no matter when you learned about it, and that will cut you off from your ability to sue as well. So, whichever of those two—2 years from the date you should have known or 4 years from the actual date of malpractice—whichever of those two is earliest is going to be your statute by which you have to put your case into press. There is an exception to that for minors. A minor has until his or her eighth birthday to file his or her own action for negligence. That, however, does not include any claims that the parents would have had related to the negligence that injured their child. So parental loss of consortium claims do not have an 8-year statute; only the child’s individual claims do.
