What Is Florida's Medical Malpractice Statute of Limitations?

Laws known as "statutes of limitations" set time limits on your right to go to court and file a lawsuit against someone. Every state has these laws on the books, and different kinds of lawsuits have different deadlines.

Two-Year/Four-Year Deadline for Filing Medical Malpractice Lawsuits

You'll find Florida's medical malpractice statute of limitations at Fla. Stat. § 95.11(5)(c) (2025). As a general rule, you must file a medical malpractice lawsuit within two years after you discovered the alleged medical error, or after you should have discovered it through "due diligence."

Regardless of when you actually discovered (or should have discovered) the malpractice, the longest you have to sue is four years from the date it happened. There are exceptions to this four-year deadline for fraud and for cases involving very young children. Also, the two-year deadline can be extended under certain circumstances, as discussed below.

Extension When Medical Malpractice Was Covered Up

If the medical provider prevented you from discovering the medical error through fraud, concealment, or intentional misrepresentation of the facts, the lawsuit filing deadline is extended to two years from the time you learned of your injury. But the latest you can sue is seven years from the date of the malpractice.

Statute of Limitations for Medical Malpractice Involving Young Children

A medical malpractice claim brought on behalf of a young child can be filed after the expiration of the four-year deadline (or the seven-year deadline in cases of fraud), as long as it's filed before the child's eighth birthday.

Extension to Investigate Suspected Medical Malpractice

When you file a medical malpractice lawsuit in Florida, your lawyer must attach a certificate swearing that they conducted a reasonable investigation into your case, and that as a result, the lawyer has a good-faith belief that grounds for a medical malpractice claim exist.

If your lawyer needs more time to investigate, you can ask the clerk of the court for an automatic 90-day extension of the statute of limitations, as long as the deadline hasn't already passed.

(Fla. Stat. § 766.104 (2025).)

Pause in Statute of Limitations After Notice of Intent

After your attorney has conducted the investigation, Florida law requires that you serve the defendant with a notice that you intend to sue for medical malpractice. That notice sets off a 90-day period for the defendant to evaluate and respond to your claim. The statute of limitations is paused ("tolled," in legalese) during that period. In fact, you aren't allowed to file your lawsuit until the 90-day evaluation period is up.

(Fla. Stat. § 766.106 (2025).)