Florida Medical Malpractice Statute of Limitations

Posted on May 12, 2023 by Shapiro Law Group

medical malpractice claimsPicture yourself falling ill and relying on the healthcare system for recovery. Trusting your health with medical professionals is a significant step; after all, it’s your well-being on the line. However, what happens when this trust is breached? This scenario often leads us to a critical aspect of Florida medical malpractice law, namely the medical malpractice statute of limitations in Florida.

Damages Recoverable in Medical Malpractice Claims

Medical malpractice claims in Florida can be challenging to navigate, but when successful, they offer the injured party an opportunity to recover a range of damages. Understanding these damages — compensatory, non-economic, and punitive — is crucial in understanding your potential entitlements under Florida medical malpractice law.

Compensatory Damages

The purpose of compensatory damages is to make the plaintiff “whole” again by financially compensating for actual losses incurred. These include, but are not limited to medical expenses and lost earnings.

Non-Economic Damages

Non-economic damages seek to compensate victims for losses that are hard to quantify but significantly impact their lives. This category can include pain and suffering, loss of consortium, and mental anguish.

Punitive Damages

Punitive damages are awarded to punish the offender and deter others from engaging in similar conduct. However, they’re not as common in medical malpractice cases because they require proof that the healthcare provider acted with intentional misconduct or gross negligence.

Navigating the complexities of medical malpractice claims and understanding the nuances of recoverable damages can be daunting. That’s where expert legal representation comes into play.

Defining Medical Malpractice and Its Statute of Limitations

Medical malpractice occurs when a healthcare provider, through an act or omission, deviates from the standard of care, causing harm or injury to a patient. Understanding what is the statute of limitations on medical malpractice is crucial, as this defines the timeframe within which you can file a claim for damages.

In Florida, the general rule is that a medical malpractice lawsuit must be filed within two years from the date the patient (or sometimes a close relative) either knew or should have known with reasonable diligence, about the injury and its potential link to medical malpractice.

Exceptions to Florida Medical Malpractice Statute of Limitations

While the two-year rule generally applies, there are exceptions to the Florida medical malpractice statute of limitations that could potentially extend this period. If the healthcare provider fraudulently concealed the malpractice, or if the patient was left with a foreign object inside their body during surgery, the statute of limitations could be extended.

Likewise, when the injured party is a minor, or when the malpractice resulted in wrongful death, different rules apply. A minor child has until their eighth birthday to initiate a malpractice suit, while in wrongful death cases, the family has two years from the date of death to file the claim. Remember, these cases can be complex, and it’s recommended to consult with a knowledgeable Florida malpractice lawyer.

How a Florida Malpractice Lawyer Can Help You

Medical malpractice cases are often complex, emotionally draining, and require thorough understanding and expertise in both the medical and legal fields. When you are reeling from the impact of a medical error, the last thing you need is the added stress of navigating the intricacies of Florida’s legal system. Here’s how a Florida malpractice lawyer can assist you:

  • Thorough Case Evaluation: Every medical malpractice case is unique, and understanding the merits of your case is the first step. Skilled medical malpractice lawyers can review your case, evaluate your medical records, and help determine if you have a viable medical malpractice claim.
  • Identifying Damages: A medical malpractice lawyer can help in identifying all potential damages you may be entitled to, including compensatory, non-economic, and even punitive damages in certain circumstances. This comprehensive approach ensures you claim what you’re rightfully owed.
  • Statute of Limitations Compliance: Understanding and complying with the medical malpractice statute of limitations in Florida is crucial. Florida malpractice lawyers will ensure your case is filed within the required timeframe to safeguard your rights.
  • Emotional Support and Communication: Malpractice lawyers understand the emotional toll that medical malpractice can take. They offer compassionate support throughout your case and ensure clear, regular communication so you’re always up-to-date about your case’s progress.

Confronting a medical malpractice situation can be one of the most challenging times in your life. The Shapiro Law Group is committed to standing by you every step of the way, ensuring you get the justice and compensation you deserve. Contact us today, and let our Florida medical malpractice lawyers help you navigate this challenging journey.


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