IV infiltration and extravasation injuries can cause serious harm, including nerve damage, tissue necrosis, and in severe cases, permanent disability. If you or a loved one suffered an IV-related injury in a Florida hospital, clinic, or rehabilitation center, it's critical to understand the timeline for filing a medical malpractice lawsuit. Florida law imposes strict deadlines for initiating these claims, and missing them can result in losing your right to compensation.
Florida's Statute of Limitations for Medical Malpractice
Under Florida Statutes § 95.11(4)(b), a medical malpractice lawsuit must be filed within two years from the date the injury was discovered—or should have been discovered with the exercise of due diligence. This means the clock starts ticking when:
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The patient becomes aware of the IV injury; or
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The patient should reasonably have known that the injury was caused by medical negligence.
In the case of IV infiltration injuries, the harm may not be immediately apparent, particularly if tissue damage worsens over time. Therefore, it’s important to seek medical and legal advice as soon as symptoms—such as swelling, pain, skin discoloration, or restricted mobility—become noticeable.
The Four-Year Statute of Repose
Even if the injury is not discovered right away, Florida law imposes a four-year statute of repose. This absolute deadline bars any malpractice claim filed more than four years after the date of the alleged negligent act, regardless of when the injury was discovered—unless there was fraud, concealment, or intentional misrepresentation by the provider.
Exceptions for Fraud or Concealment
If a healthcare provider actively conceals the negligence or misleads the patient, Florida law allows the statute of limitations to be extended up to seven years from the date of the incident. However, this exception is rare and requires proof of intentional misconduct.
Special Considerations for Minors
For children injured due to IV infiltration, a medical malpractice lawsuit may be filed before the child’s eighth birthday, even if it exceeds the two-year statute of limitations. This exception provides additional protection for young children who may not immediately show symptoms of harm.
Florida’s Pre-Suit Requirements
Before filing a lawsuit, Florida law mandates compliance with Chapter 766, which includes:
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Conducting a reasonable investigation to support the claim;
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Serving a Notice of Intent to Initiate Litigation on the healthcare provider;
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Observing a 90-day pre-suit investigation period, during which the provider may respond with a settlement offer, request arbitration, or reject the claim.
These pre-suit procedures can extend the overall timeline, making early legal action essential.
Why Timeliness Matters in IV Injury Cases
Delays in recognizing and treating IV infiltration can lead to catastrophic injuries, including compartment syndrome, nerve compression, or amputation. Proving that a healthcare provider failed to meet the standard of care requires time to gather expert testimony, medical records, and evidence. Filing your claim within the legal timeframe is crucial to preserving your rights.
Consult a Florida Medical Malpractice Attorney Today
If you believe that an IV infiltration injury was caused by medical negligence, don’t wait. An experienced Florida medical malpractice attorney can help you evaluate your claim, comply with pre-suit requirements, and ensure all deadlines are met. The sooner you act, the stronger your case may be.
Contact Us for a Free Case Evaluation
Our firm is dedicated to helping victims of IV injuries in hospitals, rehabilitation centers, and nursing homes throughout Florida. Contact us today to learn your legal options and protect your right to compensation.
Have you or someone you know been injured as a result of an IV infiltration or extravasation? 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.
