Florida: The Statute of Limitations for Medical Malpractice Claims

Do you know what the Florida medical malpractice statute of limitations are? Medical cases tend to be complicated and involve multiple parties, so the medical malpractice limitations offer more time to launch a claim than other types of personal injuries. The law does not automatically hold medical professionals liable when they injure patients, as victims must show the professional or medical facility breached the professional duty of care. Parties to the medical malpractice case could include doctors, nurses, medical technicians, psychiatrists, hospitals, and healthcare facilities. 

Slinkman, Slinkman & Wynne, P.A. is a medical malpractice lawyer with more than 40 years of experience. Your first consultation with us is free, and if you cannot visit our office, we will travel to your nursing home, hospital, or home. Our law firm works on a contingency fee basis and charges no fees or costs unless we win your case. Let’s discuss the medical malpractice statute of limitations in more detail.

Florida’s Unique Statute of Limitations Laws

Florida medical malpractice statute of limitation laws are complex, and you need the assistance of a legal malpractice expert attorney to hold someone liable for your injuries. It has a discovery rule, giving patients more time to claim if they don’t discover the medical malpractice until later. What are the timelines?

Two years. You must start the malpractice lawsuit within two years from the time the incident occurred or from the time you should have discovered the injury.

Four years. You have a maximum of four years from the time of the injury to pursue your claim, even if you discovered the injury late into the four years. 

Seven years. If you can show that fraud, concealment, or intentional misrepresentation of the facts prevented you from discovering the injury, you have seven years from the incident to begin your medical malpractice lawsuit.  

Consulting a Florida Medical Malpractice Attorney

It is vital to consult a Florida medical malpractice attorney long before the statute of limitations expires. If you miss the deadlines, you cannot pursue your claim for the compensation you deserve as a victim of medical negligence. Slinkman, Slinkman & Wynne take a hands-on approach to each case and will fight to protect the rights of those who have been wronged or injured. 

There are many types of medical malpractice cases, including birth injuries, surgical errors, emergency room errors, prescription errors, hospital treatment negligence, and retained sponges or other retained instruments. Florida does have a cap on non-economic damages for medical malpractice cases, but there is no limit to economic damages.

Case Studies: Statute of Limitations in Florida

Slinkman, Slinkman & Wynne successfully fought a medical malpractice case involving the wrongful death of a 40-year-old female due to medical negligence. The case was brought on behalf of the victim’s estate. We obtained a $1,000,000 settlement before the trial but expected a larger amount. Unfortunately, the negligent physicians had limited insurance funds available. 

The National Institutes of Health (NIH) highlights three cases of medical malpractice in a published article. The successfully litigated cases involved emergency physicians and consultants with award amounts of $2 million and $6.4 million for two of the cases. 

Factors That Can Impact the Statute of Limitations in Florida

Some factors impact the Florida medical malpractice statute of limitations. In medical malpractice cases involving minors, where the case begins on or before the child’s eighth birthday, the statute of limitations does not apply. What other factor influences the statute of limitations? In Florida, you must serve notice of intent to sue before you can file a medical malpractice case in court. 

The notice starts a complicated settlement process that lasts 90 days, and during that time, the statute of limitations is delayed (tolled). The attorneys at Slinkman, Slinkman & Wynne understand the settlement process and guide our clients through it to obtain optimum results.   Have you or a loved one been a victim of medical malpractice? Slinkman, Slinkman & Wynne, P.A. is ready to help you before the Florida medical malpractice statute of limitations expires. Contact us today.