Florida’s Statute of Limitations on Medical Malpractice Claims
Florida’s Statute of Limitations
on Medical Malpractice Claims
When faced with medical malpractice, it can be difficult to know what to do to seek justice. Florida has a specific set of laws that dictate the timeline for filing a medical malpractice claim. These laws, known as statutes of limitation, are designed to protect both patients and medical professionals by limiting the amount of time a patient has to file a claim. This article will provide a detailed overview of Florida’s statute of limitations on medical malpractice claims, including what a statute of limitation is and how it applies to medical malpractice cases in Florida.
Medical Malpractice and Negligence
It is important to understand the difference between medical malpractice and negligence. Medical malpractice occurs when a medical professional fails to provide a certain level of care that is expected of them and causes harm to a patient as a result. Negligence, on the other hand, is when a medical professional fails to act in a way that a reasonable person would have acted in a similar situation, and this failure causes harm to a patient.
Florida’s Statute of Limitations for Medical Malpractice
The statute of limitations is the window of time that a patient has to file a medical malpractice or negligence claim. In Florida, the statute of limitations for medical malpractice claims is two years from the date of the alleged malpractice or from the date the injured party discovers or should have discovered the injury, whichever is earlier.
It’s important to note that the two-year period begins on the date of injury or death, not the date the injury or death was discovered. This means that if you were unaware of the injury or death until after two years, then your claim will be barred by the Statute of Limitations. In addition, you must file a lawsuit within two years of the date of injury or death, regardless of when the injury or death was caused by the medical malpractice.
It is also important to note that the statute of limitations for filing a claim does not necessarily apply to the amount of time you have to actually litigate the claim. In other words, even if you file your claim within the two-year window, it could take several years to litigate the case.
Exceptions on the Statute of Limitations
There are some exceptions to the two-year statute of limitations for medical malpractice claims in Florida. These exceptions include:
Minors: If the injured party is under the age of 18, the two-year statute of limitations does not begin to run until the child’s 18th birthday.
Mental Incapacity: If the injured party is mentally incapacitated, the two-year statute of limitations does not begin to run until the person regains their mental capacity.
Fraudulent Concealment: If the medical provider fraudulently concealed the negligence, the two-year statute of limitations may be extended.
Discovery Rule: In some cases, the two-year statute of limitations may be extended if the injured party was unaware of the injury or death until after two years.
It is important to speak with an experienced medical malpractice attorney to determine if these exceptions apply to your case.
Florida’s Statute of Limitations on Medical Malpractice Claims is an important law to be aware of. It sets a limit on the amount of time that a person has to file a medical malpractice claim. If you’re a medical malpractice victim or know someone who has been, it’s always best to seek legal advice as soon as possible to ensure that you are aware of your rights and any time limits that may be in effect.
When it comes to personal injury or medical malpractice, you need to work with a qualified attorney who is experienced in handling such cases. Mendes, Reins & Wilander, PLLC has a team of experienced civil trial lawyers who are dedicated to protecting your rights and helping you get the compensation you deserve. If you need help from medical malpractice and wrongful death attorneys, call us today and schedule a free consultation.