Legal Question in Medical Malpractice in Florida

Re: medical malpractice

Generally you have two years after the medical procedure was performed. If you did not know that the malpractice occurred, then it might be extended up to four years from the date the medical procedure was performed. After that you are probably out of luck. However, you should speak to a lawyer who handles this type of case to get an opinion based on the facts of your case.

Re: medical malpractice

The statute of limitations in a medical malpractice case can be difficult to apply and could vary wildly depending on the facts. Generally, if you know or should know that you have an injury that might be the result of medical negligence, then you have 2 years (but not more than 4 years from the date of the incident itself). It can be longer if there is a minor involved or if there is fraud or concealment. Without knowing more of your facts, it is hard to say when your statute starts. The text of the statute itself is as follows:

An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. An "action for medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.