How Long Do You Have to Sue for Medical Malpractice in Florida?

When it comes to medical malpractice in Florida, understanding the time limits for filing a lawsuit is crucial. Each state has its own statute of limitations, which is the timeframe within which a person must file a lawsuit. In Florida, the rules regarding medical malpractice claims can be complex, so being informed about the specifics is essential.

In Florida, the statute of limitations for medical malpractice cases is two years from the date of the incident or the date when the injured party discovered, or should have discovered, the injury. This means that if a patient undergoes a procedure and suffers harm, they generally have two years from the date of the incident to initiate a lawsuit. If the malpractice is not immediately evident, the clock starts ticking once the patient becomes aware of the injury and its potential cause.

However, there are some exceptions to this general rule. For example, if the patient is a minor, the statute of limitations may not begin until the child reaches the age of 18. Additionally, if the healthcare provider involved in the malpractice concealed their actions, that may also extend the time limit for filing a claim.

It's also important to note that Florida law requires the plaintiff to conduct a presuit investigation before filing a lawsuit for medical malpractice. This process involves notifying the healthcare provider and giving them an opportunity to settle the case before litigation begins. This presuit period typically lasts for 90 days. During this time, the statute of limitations is paused, so the clock temporarily stops while parties seek to resolve the matter out of court.

For those considering a medical malpractice claim in Florida, it's advisable to consult with an experienced medical malpractice attorney. An attorney can provide guidance on the specific circumstances of the case, help navigate the presuit process, and ensure that all legal deadlines are met.

In conclusion, while the standard statute of limitations for medical malpractice claims in Florida is two years, various factors may apply that could alter this timeframe. Understanding these nuances and seeking legal counsel is essential for safeguarding your rights.