Video Transcript
As a general rule, Florida’s statute of limitations in a wrongful death action is 2 years from the date of death. However, in a medical negligence case, that is not the rule. In a medical negligence case that results in wrongful death, the statute of limitations is governed by 2 years from the date the patient knew or should have known that the injury resulting in death was the result of medical negligence or 4 years from the date of actual malpractice. In some circumstances, that can result in someone having a statute of limitations extended after two years from the date of death if they didn’t find out that the death was caused by malpractice until afterward. So, the two years runs at a different time, or it can result in the statute of limitations running in fewer than two years from the date of death because a person who has a medical negligence claim that then over time ultimately results in the death of that person, the death does not reset the statute of limitations for two years from that point. It goes back to the original medical negligence statute of limitations. It’s very important to know that if the wrongful death is the result of medical negligence, the medical negligence statute of limitations controls over the 2-year from the date of death wrongful death statute of limitations.
