When someone experiences harm due to a healthcare professional’s negligence, they may consider filing a medical malpractice claim. In Florida, there are strict rules that govern how long a person has to file such a claim. These rules help ensure fairness and clarity in the legal process.
Statute of limitations for medical malpractice in Florida
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date when the injury is discovered or should have reasonably been discovered. This means the injured person has two years from the time they realize the harm occurred due to a medical error to file a lawsuit. However, this time frame can change in specific situations, such as cases involving minors or cases of fraud or concealment by the healthcare provider.
Exceptions to the standard statute of limitations
There are exceptions to the two-year time limit. If a healthcare provider’s negligence was concealed or hidden, the clock may not start ticking until the injury is discovered. In such cases, the claimant may have up to four years from the date of the malpractice to file a claim, but no claim can be made more than seven years after the incident occurred, regardless of when it was discovered.
Claims involving minors
For minors under the age of 18, the statute of limitations is extended. A medical malpractice claim can be filed up until the child turns 8 years old, which is six years after the incident, whichever is later.
What happens if the claim is filed too late
If a medical malpractice claim is filed after the statute of limitations expires, the court will likely dismiss the case. It is crucial to consult with a legal professional as soon as possible to ensure the claim is filed within the required time frame.