If you or a loved one has suffered harm due to medical negligence in Florida, it’s critical to understand the statute of limitations that governs medical malpractice lawsuits. Missing a key deadline could prevent you from ever seeking compensation for your injuries, regardless of how strong your case may be.
In this blog, we break down Florida’s medical malpractice statute of limitations, including the general rules, important exceptions, and what you need to know to protect your legal rights.
What Is the Statute of Limitations for Medical Malpractice in Florida?
Under Florida Statutes § 95.11(4)(b), a medical malpractice claim must generally be filed within two years from the date the patient knew, or reasonably should have known, that the injury occurred and that it was likely caused by medical negligence.
This is known as the "discovery rule", and it plays a critical role in determining when the clock starts ticking.
The Four-Year Statute of Repose
Even with the discovery rule in play, Florida law imposes a strict statute of repose:
A medical malpractice lawsuit cannot be filed more than four years after the actual date of the incident that caused the injury—regardless of when the injury was discovered—except in cases involving fraud, concealment, or intentional misrepresentation.
This means that even if a patient doesn't realize they were injured until several years after the malpractice occurred, they may still be barred from bringing a claim once four years have passed.
Exception: Fraud, Concealment, or Misrepresentation
If a healthcare provider actively conceals the malpractice, commits fraud, or intentionally misleads the patient, the law allows for an extension. In such cases, the claim must be filed within seven years of the date of the incident, even if it was not reasonably discoverable sooner.
Special Rules for Minors
Florida also provides a specific rule for minors:
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If the patient is a child under the age of eight, the statute of limitations is extended until the child’s eighth birthday.
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However, this does not override the four-year statute of repose unless fraud or concealment is involved.
The Importance of the Pre-Suit Process
Before filing a medical malpractice lawsuit in Florida, a claimant must comply with the pre-suit investigation and notice requirements outlined in Chapter 766, Florida Statutes. This process includes:
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Conducting a reasonable investigation to support the claim.
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Sending a notice of intent to initiate litigation to each prospective defendant.
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Participating in a 90-day presuit period for the defendant(s) to respond.
Importantly, serving the notice of intent tolls (pauses) the statute of limitations for a limited period (up to 90 days plus an additional 30 days after the presuit period ends).
Why You Should Act Quickly
Medical malpractice claims are legally and procedurally complex. Delays in investigating the injury, collecting records, or consulting with medical experts can result in missing critical filing deadlines.
If you believe you have been harmed by medical negligence, consult an experienced Florida medical malpractice attorney as soon as possible to preserve your rights and begin the pre-suit process within the applicable limitations period.
Conclusion
Understanding and properly calculating the statute of limitations is one of the most crucial steps in a Florida medical malpractice case. Whether the two-year discovery rule applies or the four-year statute of repose controls, acting promptly is essential. With the help of a qualified attorney, you can navigate the legal timeframes and take action to hold negligent providers accountable.
Need Help With a Florida Medical Malpractice Claim?
J.P. is here to help you understand your options and protect your rights. Contact us today for a free consultation.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
