What is the statute of limitations for medical malpractice
lawsuits in Florida?
The time limit that is placed on your right to go to court
and file a lawsuit is set by a law called a “statute of limitations.” Every
state has these laws on the books, and different kinds of lawsuits have
You can find Florida’s statute of limitations for medical
malpractice lawsuits at Florida
Statutes section 95.11(4)(b). This law says that in Florida, you must file
a medical malpractice lawsuit within two
years of the date on which the harm resulting from the malpractice was --
or should reasonably have been – discovered.
There is also a blanket deadline of four years from the date of the alleged medical
malpractice, regardless of when you actually (or when you should have) discovered
the harm, unless there was some sort of fraud in connection with the
malpractice, or the prospective plaintiff is under the age of eight.
Here is what Florida law says about the “fraud” exception to
the statute of limitations in a medical malpractice case: If “fraud,
concealment, or intentional misrepresentation of fact prevented the discovery
of the injury, the period of limitations is extended forward 2 years from the
time that the injury is discovered or should have been discovered with the
exercise of due diligence, but in no event to exceed 7 years from the date the
incident giving rise to the injury occurred.”
So, an instance of fraud will extend the deadline another
two years from the date that the injury was discovered, but no medical
malpractice lawsuit can be filed in Florida if more than seven years have
passed since the alleged medical
Finally, in Florida, a medical malpractice lawsuit that is brought
on behalf of a minor under the age of eight must be brought before that child’s
Malpractice Cases In-Depth
by: David Goguen, J.D.