How Long Do I Have to File a Medical Malpractice Claim in Florida?

Posted on September 22, 2014 by Shapiro Law Group


The statute of limitations is the deadline to sue a person or an entity for injuring you. If you file suit after the statute of limitations has run out, your claim will be denied regardless of whether you were injured and deserve compensation.

The statute of limitations for Florida medical malpractice is two years after you knew or should have known about your injury. Know that this is only a guideline, and there may be exceptions to your specific fact pattern. The only way to know for sure when your time limit has run out is to explain your situation to a qualified attorney.

Can a Statute of Limitations Be Extended for Florida Med Mal Claims?

Florida has an exception to this statute of limitations: Tony’s law. Under this law, the 4-year cut-off date cannot cut off a child’s malpractice claim before his or her eighth birthday. However, the two year statute can still cut off the claim if the parents or guardians knew or should have known about the child’s injury and the chances it could be linked to malpractice. Again, it is important to speak to an attorney if your child may have been injured in a hospital.

Do Hospitals Admit Mistakes to Patients?

Insurance companies for hospitals will insist that doctors not admit mistakes. In fact, this short period of time to file a claim encourages the insurance company and hospital to not be completely forthright about your injuries. This short time frame encourages healthcare providers to hide or conceal their mistakes, hoping that you never realize how you have been harmed.

If you or someone you know has been injured due to medical malpractice, it is important that you seek out experienced legal representation. Our office can investigate your potential medical malpractice claim at no cost to you.

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Did You Know: In Florida, the statute of limitations for most types of negligence is four years.

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