Florida Statute of Limitations for Medical Malpractice

Florida's Two-Year Medical Malpractice Filing

Florida law gives you two years from discovering your injury to file a medical malpractice lawsuit under Florida Statutes § 95.11(4)(b).

The discovery rule applies from the discovery date of injury but Florida's statute of repose also bars claims to no more than four years from the medical injury date.

Limited exception provisions exist for special circumstances under Florida law that can potentially extend this four-year cap.

Victims of medical negligence should get legal advice immediately, don't wait to take legal action.

Speak with a Florida medical malpractice attorney at Lawsuit Legal about your potential case for a free case evaluation now.

 

How Florida's Medical Malpractice Deadline Differs from Personal Injury Cases

Florida treats medical malpractice claims differently than typical personal injury lawsuits with stricter deadlines and more complex filing rules.

Key differences between medical malpractice and general personal injury statutes of limitations:

Filing Deadlines

• Medical malpractice claims have a 2-year statute of limitations from discovery of injury
• General personal injury claims have a 2-year statute of limitations from the date of injury
• Car accidents, slip and falls, and premises liability cases start the clock immediately on the injury date
• Medical negligence cases start when you discover or should have discovered the harm

Statute of Repose:

• Medical malpractice has a 4-year absolute deadline from the date of the medical error
• No statute of repose exists for standard personal injury claims
• This means a patient who discovers surgical negligence after 5 years typically cannot file suit
• General injury victims have the full 2 years regardless of complexity

Pre-Suit Requirements:

• Medical malpractice requires a verified written medical expert opinion before filing under Florida Statutes § 766.104
• You must notify healthcare providers 90 days and file a notice of intent to sue to allow both parties time to investigate before filing a lawsuit
• You can file the lawsuit if the other party fails to respond to the notice of intent to sue in within 90 days
• General personal injury claims have no pre-suit expert or notice requirements

Discovery Rule Application:

• Medical malpractice cases follow the discovery rule since injuries may surface over time and the underlying medical negligence is often not immediately known
• Cancer misdiagnosis may not become apparent until the disease advances
• Surgical errors like retained objects may take years to cause symptoms
• General injury cases rarely use discovery rules because harm is immediately obvious after car crashes or falls

Florida law also recognizes a special rule that applies to minors, who can file a medical malpractice lawsuit up until their eighth birthday, if the medical injury is not discovered sooner.

Failing to meet the requirements of the legal procedure your claim is subject to can mean being barred from recovering compensation by the courts.

Tolling the Statute of Limitations

A select number of special circumstances can pause (or "toll") the statute of limitations under state law. If a defendant leaves the state delaying the legal process it can toll the deadline. Additionally, Florida law mandates the tolling of the deadline during the mandatory pre-suit process.

Victims of medical malpractice are urged to speak with a qualified attorney to review your legal options and the deadlines you must meet to take legal action. An experienced Florida medical injury attorney can help you through the legal process