Medical Malpractice Statute of Limitations

Answer:

When I meet with clients that are entertaining whether they want to pursue a claim for medical malpractice, the question that frequently comes up is, “What is the statute of limitations to bring a claim for medical malpractice?” In Florida, we generally have a two-year statute of limitations, which says that a person has to properly file their claim within two years from the date that they knew or reasonably should have known that there was an act of medical malpractice, but no further out than four years.

If an act of medical malpractice occurs on January 1 of the year, two years after that, if the person knew about that on the date that it occurred, that’s when the statute of limitations would run out. If they didn’t know about it for say another two years after that, then they would have an additional two years because that’s the four-year statute of repose. In general, Florida medical malpractice law states the claim has to be brought within two years from the date that the patient knew or reasonably should have known about the act of medical malpractice, but no longer than four years from the date that the malpractice actually occurred. There’s a different statute of limitations that applies in instances when the patient has been defrauded or the doctor has not advised the patient about certain things that have occurred to the patient, and there’s another special statute of limitations that applies to minors as well. We can go over your case and give you a clear answer.