How long do you have to file a medical malpractice lawsuit in Florida?
By: Amelie Richards
Tags: Malpractice, Medical, Miami, Attorneys

How long do you have to file a medical malpractice lawsuit in Florida? Amelie Richards Feb 22·3 min read

Although we rely on doctors for curing us with the utmost care, most of the time, doctors’ negligence and mistakes can give rise to fatal issues. If you think you have an authentic medical malpractice claim, you must understand the concept of the statute of limitations. Plus, you should gain a basic understanding of the potential damages and notice requirements that can ensure you will receive a successful claim. The process of filing a lawsuit includes legal paperwork that can create additional jargon. You can consult Miami Medical Malpractice Attorneys.

Statutes of limitations are laws that can set standard time limits. This law dictates an individual’s right to visit the court and file a lawsuit against a medical malpractice case. Every state has its rules specified in its books. Besides, different suits come with different deadlines. In the case of medical malpractice, the statute of limitations in Florida is found in Florida Statutes section 95.11(4)(b). This law states that the medical error victim should file a lawsuit for medical malpractice within two years. The period of two years is counted after the medical error has been discovered.

There is an external deadline of up to four years occurring from the date of the medical malpractice. It doesn’t take into account the date when the actual harm was discovered. There are certain exceptions in the case of the four-year deadline. It can include oddities such as the involvement of young children or issues of fraud. In some cases, the two-years deadline can be extended in a few exceptional circumstances; these cases are being discussed below:

Extension of the statute of limitations

In case the medical practitioner has restricted you from finding out the medical errors via fraud, intentional misrepresentation, concealment of facts, this law can be extended up to two years. This period is counted from the time you have learned about the injury.

Statute of limitations in terms of medical malpractice that involves young children

The medical malpractice claim involving a child or a minor can be filed after the four-year deadline expiry.

Extension of the deadline to investigate the medical malpractice cases

Whenever you decide to file a lawsuit for medical malpractice in Florida, your attorney should attach a valid certificate that states your lawyer has legally investigated your case. As a result, your lawyer should display faith while stating the medical malpractice genuinely exists. If you need extra time to complete this step, you can file a 90-day extension petition to extend the date of the statute of limitations.

How to pause the statute of limitations after the issue of notice of intent?

After your lawyer has completed the investigation, Florida’s law requires you to serve the defendants with an advance notice stating that you are willing to sue them. This notice allows 90 days for your defendant to evaluate and respond to your claim. During this time frame, the statute of limitation is tolled or paused. Thus, you can’t file the lawsuit during this period of ninety days.

By working with a practiced Miami Medical Malpractice Attorney, subjects can ensure that all aspects of their case are handled with professional competency.