What is the Statute of Limitations for Medical Malpractice in Florida?

The statute of limitations for medical malpractice in Florida is two years. That means you have 2 years to file a malpractice claim after the date the incident takes place or two years from the date that the negligence was discovered.

However, there are some additional rules and circumstances where a different statute of limitations applies:

1. There is a four-year statute of repose which means that no medical malpractice claim can be brought more than four years after the date of the incident, except in cases involving fraud, concealment or intentional misrepresentation.
2. For cases involving minors under the age of 8, the statute of limitations does not start running until the child’s 8th birthday.
3. If the injury could not reasonably be discovered at the time it occurred (such as a foreign object left in the body), the statute starts when the injury is or should have been discovered.
4. There is a special statute of limitations for wrongful death cases arising from medical malpractice – two years from the date of death.

Consult with a medical malpractice lawyer to determine the statute of limitations for your specific case. Call (813) 471-4444 to talk to our med mal legal team.

References

Florida Statutes § 766.106 – Medical Negligence