If you are considering filing a medical negligence claim, it is important to understand the FL med mal statute of limitations and related deadlines. In Florida, patients generally have a limited amount of time to file a medical malpractice claim, and an injured patient’s ability to recover compensation for damages can be lost if these deadlines are missed, no matter how strong the underlying claim is.
No matter if you were injured at a hospital, surgical center, or physician’s office, understanding how Florida’s statute of limitations works is a critical first step.
What Is the Florida Medical Malpractice Statute of Limitations?
Florida statutes generally require that most Florida medical malpractice cases be filed within two years from the time that the injury was discovered, or should have been discovered. In addition, Florida’s general four-year statute of repose generally bars most medical malpractice claims from being filed more than four years after the alleged malpractice occurred, even if the injury could not have been discovered within two years.
The state establishes these timeframes to make sure patients have a fair opportunity to pursue compensation for malpractice while also bringing closure to legal disputes. In 2024, 3,340 professional liability cases in Florida were reported as closed. Nearly $1.817 billion was paid during those claims. Hospital inpatient facilities were the most common site for claims.
Exceptions to the Filing Deadline
Although the two-year deadline is appropriate in many situations, Florida’s medical malpractice laws also recognize a number of exceptions that may apply to delay or extend the filing period in certain cases. Common exceptions include:
- Intentional dishonest practices. Fraudulent concealment or intentional misrepresentation by a health care provider may extend the filing deadline, although most claims cannot be brought more than seven years after the alleged malpractice.
- Claims involving children. Special rules apply to Florida medical malpractice claims involving injured children, particularly those who are younger than 8 years old.
In addition, Florida law sets out the pre-suit requirements that must be completed before filing a claim. Claimants are required to complete a pre-suit investigation, including obtaining a verified written medical professional opinion and serving a notice of intent to each defendant.
Why the Deadline Is Important
The process of handling medical malpractice claims generally includes a detailed study of medical documents, seeking input from qualified medical professionals, and scrutinizing complicated treatment plans. Putting off the investigation until the deadline is approaching can result in insufficient time to fulfill Florida requirements.
Records may be more difficult to obtain, witnesses’ memories may fade, and providers may leave the healthcare facility. An early start to the legal review can help preserve evidence and meet statutory requirements.
Hire a Medical Malpractice Lawyer
Filing a legal claim before the statute of limitations deadline expires is only one small part of the legal services that a medical malpractice attorney can provide. A qualified attorney can evaluate the facts and determine if the client’s circumstances satisfy Florida’s legal standard for medical negligence.
Most Florida medical malpractice cases are filed in the circuit court in the county where the negligence took place. For example, medical malpractice claims in Miami-Dade County are typically filed in the Miami-Dade County Courthouse, 73 West Flagler Street, Miami, FL 33130.
Why You Should Choose Spangenberg Shibley & Liber
Spangenberg Shibley & Liber is a national trial firm with decades of experience handling complex medical malpractice litigation.
The firm has recovered more than $1 billion in verdicts and settlements, including an $8.5 million settlement in a delayed diagnosis case that left the plaintiff quadriplegic, and a $6.5 million verdict in a wrongful death medical malpractice trial. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
Spangenberg Shibley & Liber is dedicated to serving the legal needs of high-value and complex claims plaintiffs and defendants nationwide. We can assist you in your case too. Hire a medical malpractice lawyer at Spangenberg Shibley & Liber today. Contact us as soon as possible.
