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Negligent Security Seminar | March 2015

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    Understanding Florida’s Statute of Limitations for Medical Malpractice Cases

    Whether you’re visiting a doctor’s office, hospital, dentist’s office or other medical facility, you entrust the practitioners caring for you to do their best to heal your ailments or at least alleviate your symptoms. Unfortunately, medical errors are common, often leaving patients in worse condition than before they sought care. In these situations, the injured patient or, if the medical error resulted in death, the patient’s family, may consider pursuing a medical malpractice lawsuit against the provider or facility involved

    While medical malpractice cases can be an effective way to recover damages for the harms caused by a healthcare provider’s negligence, they must be filed within a strict time frame called the statute of limitations. In Florida, the standard statute of limitations for medical malpractice cases is only two years from the date the harm was discovered or reasonably could have been discovered. However, if the harms stemming from the malpractice could not have been discovered immediately, the statute of limitations may be extended to a maximum of four years. There are also two notable exceptions to these rules:

    • Minors. When the victim of malpractice is a child, the statute of limitations may be extended to his or her eighth birthday. The reason for this is that sometimes, young children do not display signs of a medical problem right away. For example, if malpractice that occurred during a child’s birth causes a mental or physical health condition, it may go unnoticed until the child starts experiencing developmental delays.
    • Fraud. If the patient discovers that a medical provider engaged in fraud or concealment, the statute of limitations may be extended for an additional two years from the time of discovery. However, even if fraud was involved, the case may not be filed more than seven years after the malpractice occurred.

    If you believe that you or a loved one has suffered injuries or illness due to a healthcare provider’s mistake, it’s crucial to get in touch with a qualified medical malpractice attorney as soon as possible. At Leighton Panoff Law, our team has extensive experience representing victims of medical malpractice, and has secured some of the largest verdicts in state history on behalf of our clients. To request a consultation, call us today at 888.988.1774.

    How long do I have to file a medical malpractice lawsuit in Florida?

    In Florida, the statute of limitations for medical malpractice claims is two years from the date the patient knew or reasonably should have known that the injury was caused by medical negligence. If the injury wasn’t immediately apparent, the time limit may be extended—but not beyond four years from the actual date of the malpractice. Filing within this window is crucial to preserving your legal rights.

    What if I didn’t discover the malpractice right away?

    Florida law allows for an extension of the statute of limitations if the effects of malpractice couldn’t have been discovered immediately. In such cases, you have two years from the time the injury is discovered or should have been discovered. However, the law imposes a strict cap of four years from the date of the negligent act, regardless of when you actually become aware of it, unless fraud or concealment is involved.

    Are there exceptions for minors in Florida medical malpractice cases?

    Yes, if the victim of medical malpractice is a child, Florida law extends the statute of limitations until the child’s eighth birthday. This is because some injuries—such as those resulting from birth-related negligence—may not become apparent until the child experiences developmental delays or other health issues. This exception ensures families have more time to detect and act on medical negligence involving young children.

    What happens if fraud or concealment was involved in my medical malpractice case?

    If a healthcare provider deliberately concealed the malpractice or committed fraud to prevent discovery, Florida law allows for an extension of the statute of limitations by two years from the date the fraud is discovered. However, even in cases of fraud, no claim can be filed more than seven years after the original incident of malpractice. Prompt legal consultation is essential in such cases.

    Can I still sue if the malpractice occurred more than two years ago?

    You may still have legal recourse if the malpractice wasn’t immediately discoverable. Florida’s laws permit filing a claim up to four years from the date of the incident, or longer in cases involving minors or fraud. However, delays can complicate the case, so it’s critical to speak with a medical malpractice attorney as soon as possible to evaluate your options.

    Why is the statute of limitations so strict for medical malpractice cases?

    The statute of limitations ensures timely resolution of claims and helps preserve evidence. Medical records, witness memories, and other critical information can become less reliable over time. Florida’s strict time frames are designed to encourage prompt action, which is why consulting an experienced medical malpractice lawyer early is vital to your case’s success.

    Why should I contact Leighton Panoff Law for a Florida medical malpractice case?

    Leighton Panoff Law has a long-standing reputation for excellence in medical malpractice litigation. With a history of securing some of Florida’s largest verdicts for injured patients, the firm combines deep legal knowledge with aggressive advocacy. If you or a loved one has been harmed due to a healthcare provider’s negligence, Leighton Panoff Law can guide you through every legal step while fighting for the justice and compensation you deserve.

    Article by:

    John Leighton

    A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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