Statute of Limitations on Medical Malpractice in Florida
If you or your loved one suffered an injury due to negligent medical treatment, you may have a claim for compensation. However, to recover damages, you must pursue your losses before the statute of limitations on medical malpractice in Florida expires.
A medical malpractice lawyer with our firm can explain important case deadlines and ensure you take the necessary steps before filing a lawsuit. Throughout the process, we will advocate for you and your best interests.
Timeline of a Florida Medical Malpractice Case
The first step in most medical malpractice cases is serving a mandatory presuit notice as required by Florida law. This notice is sent by certified mail to all prospective defendants, and the notice must be accompanied by a verified medical expert opinion that says there are reasonable grounds to initiate a medical malpractice lawsuit. This notice must be served before the expiration of the statute of limitations.
The statute of limitations on medical malpractice is generally two years, according to Florida Statutes § 95.11. There are circumstances that could extend this window, and we can tell you if any apply to your claim. This deadline starts from the date of the negligence causing injury or the date you discovered the negligence causing injury, but no more than four years unless a rare exception applies.
After the statutory presuit notice is served, the defendant has 90 days to evaluate your claim and respond. During this presuit process, the court pauses (or tolls) the statute of limitations.
Does Your Suit Have Merit?
As noted above, you must include an affidavit of merit with your notice of intent to sue. This document is a statement from a medical professional affirming there is a basis for your claim, and that the alleged negligence caused injury to you or your family member.
Our firm has represented personal injury and medical malpractice victims for over 45 years, so we have relationships with doctors and nurses across the state and nation who can draft an affidavit and testify on your behalf.
You may have a case if medical negligence caused or worsened your injury or illness. Negative outcomes can happen in medicine even when doctors do everything correctly, but negligence goes beyond an unfavorable medical outcome. Negligence occurs when a healthcare provider or facility fails to treat patients according to accepted medical standards.
Some examples of medical malpractice and hospital negligence can include:
- Anesthesia errors
- Birth injuries
- Cancer malpractice
- Cardiology malpractice
- Doctor errors and nursing errors
- Emergency department negligence
- Hospital negligence
- Infections, sepsis, and septic shock
- Laboratory errors
- Medication errors
- Misdiagnosis, failure to diagnose, and failure to treat
- Premature patient discharge
- Stroke misdiagnosis
- Surgical complications
- Wrong-site or wrong-patient surgeries
- Unnecessary surgeries
What Happens if the Statute of Limitations Expires?
If the statute of limitations expires, the court will likely refuse your lawsuit.
Even if you feel confident you will settle with an insurance claim, it’s important to mind the deadline for a lawsuit. If you can no longer take legal action, it significantly reduces your bargaining power. You may have to accept a denial or a reduced offer.
Damages You Can Recover With a Medical Malpractice Claim
Medical malpractice victims can pursue compensation for out-of-pocket expenses and intangible losses. In general, awards may include:
Economic Damages
Economic damages aim to reimburse victims for the actual cost of their injury. Compensation in this category may include:
- Emergency transportation and medical treatment
- Hospitalizations
- Doctor’s office visits
- Rehabilitation
- Physical therapy
- Mobility aids
- Medical procedures
- Extended nursing
- Life care costs
- Lost wages, earnings, and benefits
- Lost earning capacity
- Household services
Noneconomic Damages
Noneconomic damages compensate victims for pain, suffering, and inconvenience. Injured parties can seek these awards, as can parents and guardians of minor children. They may include monetary payment for disabling and permanent injuries, scarring and disfigurement, physical pain, mental anguish, emotional distress, and lost quality of life.
Wrongful Death
If your loved one died from medical malpractice, their personal representative (executor) can seek damages on behalf of the deceased’s estate and survivors. Claims involving fatality have the same statute of limitations on medical malpractice in Florida as those involving injury.
Compensation for wrongful death caused by malpractice may include the deceased’s medical bills, funeral and burial costs, lost wages, and lost future income. Survivors can also seek noneconomic damages for the loss of their loved one’s support and services and their mental pain and suffering.
Benefits of Working With a Medical Malpractice Lawyer
Medical malpractice can be challenging to prove, and there are many laws and deadlines to track in addition to the statute of limitations. Building a case on your own can seem daunting, and you may not be able to accomplish it before time runs out.
A medical malpractice attorney with our firm can help. We can use over 100 years of combined legal experience to protect your rights and pursue the maximum compensation possible. We have recovered over $500 million dollars in our pursuit of justice for our clients.
We will investigate your injury, collect evidence, identify liable parties, and aggressively seek full recovery for all of your losses. Our medical malpractice attorneys will be your voice in negotiations and interactions with insurance companies and opposing parties and fight for the awards you need to get back on your feet.
Contact Our Lawyers Before Time Runs Out on Your Medical Malpractice Suit
The statute of limitations on medical malpractice in Florida is an essential case deadline. If it passes, you may be unable to recover compensation for your injury. An attorney with our firm can help you get started before it is too late. We can also explain circumstances that could extend your time limit.
To discuss your medical malpractice case with our experienced legal team, complete our online contact form or call 24/7. We offer free and confidential case reviews. Our Florida medical malpractice lawyers accept cases statewide and work on contingency, meaning you owe us no upfront or out-of-pocket costs or fees. We only get paid once we obtain compensation for you.
