Protecting the Rights of the Injured

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Protecting the Rights
of the Injured

$2,000,000

Pharmaceutical
error

$2,250,000

wrong site
surgery

$2,500,000

incorrect surgical
technique/death

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


Medical malpractice victims in Florida are given two years to file a claim. This rule is called the statute of limitations, and the clock starts ticking on the date of the incident in question.

Keep in mind that this differs from the statute of limitations afforded to other personal injury victims, who are given four years to begin litigation.

Exceptions to the Rule

While two years is the general deadline for filing a medical malpractice claim in Florida, there are some exceptions to this rule.

For example, if the physician, hospital system, or other healthcare provider attempted to conceal or misrepresent the harm you suffered, the statute of limitations might be extended for two years from the date you discovered the actual harm done to you.

However, Florida law holds that, regardless of fraud or concealment, you cannot file a medical malpractice claim more than seven years from the date of the original injury you suffered.

Another notable exception applies to children younger than eight. If you are filing a claim on behalf of a child who is younger than eight, you must file the claim before the child’s eighth birthday.

Call a Florida Medical Malpractice Lawyer

Patients often feel powerless against negligent doctors, which can make it hard to feel like you have any control over the outcome of your physical, emotional, or even financial health. Fortunately, the law fully recognizes this imbalance of power, allowing medical malpractice victims to sue their healthcare providers for medical malpractice.

However, you have to file your claim within Florida’s statute of limitations. An experienced attorney can help you make sure you meet all deadlines that apply to your case.

To get the compensation you deserve, contact a Florida medical malpractice lawyer at the Law Offices of Casey D. Shomo today. Call our office at 561-659-6366 or fill out the form below to arrange a free consultation.