Understanding Florida’s Statute of Limitations for Medical Malpractice Cases

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.

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.

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.

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.

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.

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.

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.