Time Limits & Deadlines for Medical Negligence Claims in Florida
Every legal case in Florida is subject to a statute of limitations, and some cases may have additional deadlines throughout the process. In the realm of civil cases, Florida’s statutes of limitations cover many different types of lawsuits.
Every state has implemented deadlines of one form or another, with the goal being judicial efficiency: A party with a claim should not be allowed to sit on it for an indefinite period of time. Statutes of limitations force a person or entity to take legal action within a reasonable time, when evidence has not deteriorated and the parties’ memories have not faded.
However, there are some unique factors involved when applying the state statute of limitations to medical malpractice cases. Even though these claims fall under personal injury laws, Florida’s medical malpractice laws come with unique considerations. A Florida medical malpractice attorney is best situated to explain which laws and exceptions apply to your particular situation.
Statute of Limitations for Medical Malpractice Cases
In general, Florida’s statute of limitations provides just two years for actions based upon medical negligence, per Florida Statutes § 95.11. You must serve presuit notice and file a lawsuit in court before the deadlines expire, and the clock starts ticking the date that the incident giving rise to the malpractice claim occurred or when the incident is discovered (or should have been discovered with due diligence) – however, no more than four years from the date of the incident.
A special rule applies to minors, who can file a medical malpractice lawsuit up until their eighth birthday if the incident is not discovered sooner. If you do not serve presuit notice and initiate litigation within this time, you may be barred from recovering any compensation for your losses.
Tolling the Statute of Limitations
Some scenarios can pause (or “toll”) the statute of limitations. Florida Statutes § 95.051 outlines a few reasons for tolling this deadline. For example, if the defendant leaves the state, your case may be paused until they are back in Florida and you are able to serve them. Also, according to Florida Statutes § 766.106, the statute of limitations is tolled during the mandatory presuit process.
Our Florida personal injury lawyers can review your case to determine if any of these tolling scenarios apply to your case.
Medical Malpractice Wrongful Death Lawsuits in Florida
If your loved one passed away due to medical negligence or malpractice, please accept our team’s condolences. It’s extremely stressful to deal with the death of a loved one in any situation, but it’s even harder if you are considering legal action against a medical professional for their negligence.
In Florida, you generally only have two years to file your lawsuit for a loved one’s wrongful death suit, and presuit notice must be served by your attorneys before that. This time will go by very quickly, especially since you have many other tasks to do. A Florida wrongful death lawyer can help you through these processes if your loved one’s malpractice injuries were fatal. Do not hesitate to seek help during this difficult time.
Florida’s Discovery Rule
There are numerous forms of negligence by healthcare providers that a patient may not know about until long after the act of malpractice occurs. Cancer misdiagnosis is a common example of a condition that might not be discovered right away. Other situations where you or a loved one may not immediately notice harm include birth injuries, surgical errors, and stroke malpractice cases.
As a result, Florida has established a “discovery rule” that extends the standard statute of limitations under certain circumstances. If you discover the act or injuries giving rise to a malpractice claim sometime after it occurs, you have two years from that date – instead of the date that the error took place. However, except in the case of a young child, the discovery rule cannot extend more than four years in total, measured from the date of the mistake.
Additional Deadlines for Florida Medical Malpractice Cases
Medical malpractice claims and lawsuits are not easy—there are a lot of tasks to complete and processes to follow. Failing to complete all these requirements can mean losing your chance to even get started on your case. Here are some factors to keep in mind when taking legal action:
- You must file a notice of intent to sue before actually filing your lawsuit. After delivering this notice, you must wait 90 days before filing your suit.
- This notice must go to all potentially liable parties.
- During this 90-day window, both parties can now investigate the claim and conduct unsworn interviews to determine the legitimacy of the claim. The at-fault party may reject your claim, offer a settlement, or even offer voluntary binding arbitration.
- If offered, a defendant admits it was liable for your injuries but can dispute your damages. You must accept or reject this voluntary binding arbitration offer within 30 days of the offer or until the presuit period expires, whichever is later.
- If the other party does not reply to your notice of intent within 90 days, you can move forward with a lawsuit.
Our experienced medical negligence attorneys can make sure everything is completed correctly and on time, helping you avoid any pitfalls that might prevent you from taking action.
What Happens if I Miss the Medical Negligence Deadlines?
Although not every medical malpractice claim goes to court, we believe in being prepared. The sooner you reach out to our firm, the sooner we can get started on your case.
If you do not act quickly, you may miss your opportunity to file a medical malpractice lawsuit altogether. This means you are left dealing with the financial, emotional, and physical consequences of medical negligence alone. This can be costly and may jeopardize your future in multiple ways.
Without the potential pressure of a lawsuit, the negligent party may have little to no incentive to offer you a fair payout, if they offer anything at all. Our medical malpractice attorneys know how overwhelming this whole process can be, but we urge you to reach out to us as soon as you suspect that negligent care harmed you or a loved one.
Learn More by Consulting with a Florida Medical Malpractice Lawyer
The medical negligence time limits may seem to provide plenty of time to pursue your claim, but the time period can run quickly, especially given how long it can take to gather medical records and other evidence. To get started on the legal process right away, please contact the medical malpractice lawyers at Freidin Brown, P.A. We can schedule a free consultation to review your situation at our offices.
