What Is the Statute of Limitations on Medical Malpractice in Florida?
Each state has laws on its books that place limits on the terms of recovery for civil cases. One of the most important limitations for personal injury cases of any kind involves the statute of limitations, which effectively places a deadline when a plaintiff can file a lawsuit.
It’s important to keep these legal deadlines in mind, because they can vary depending on jurisdiction—i.e., state—and by type of lawsuit.
Read on to learn more about the statute of limitations where it pertains to medical malpractice in Florida and how a West Palm Beach personal injury lawyer can help you win a favorable outcome for your claim.
The Deadline for Filing a Medical Malpractice Claim in Florida
Like many other states, Florida has a unique set of rules for dealing with medical malpractice claims compared to general personal injury litigation. Case in point—the statutory deadline for the latter is generally four years, while the clock ticks out on the former after just two.
Although these deadlines can pose problems—a judge could toss out your claim if it’s filed after the deadline—it’s important to understand these are only the general rules. In some cases, the deadline for filing a medical malpractice claim can be tolled, or extended.
It’s relatively common for plaintiffs in medical malpractice cases to not “discover,” or become aware of their damages until a certain amount of time has already elapsed. For example, if a medical device breaks down, the impact may not be felt or noticed immediately.
A judge could decide to effectively extend the statute of limitations if this date of discovery falls after the general deadline.
Other scenarios that can lead to the deadline being extended include:
- Cases involving fraud
- Cases involving young children
- Cases that need more time for your lawyer to conduct a good-faith investigation for malpractice
Given the various ways in which the statute can be extended, it’s a good idea to consult a medical malpractice attorney to find out the specifics in your case.
Contact a Medical Malpractice Attorney Today
We trust our medical professionals with our lives, so when they act negligently, they should be held to account. A medical malpractice attorney with The Law Offices of Casey D. Shomo can help you manage the implications of the statute of limitations for your case.
Call us at 561-659-6366 or fill out the form below with your contact information to find out more with no obligations.