Medical malpractice deadlines

Act quickly!  Unlike diamonds, medical malpractice claims do not last forever.  Florida Statute § 95.11(4) sets certain time limits for the commencement of medical malpractice actions.  The statute of limitations requires filing within 2 years of the incident or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence.

§ 95.11(4) also sets an outer limit with a harsh statute of repose, which states “in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.”  Fraud, concealment or intentional misrepresentation of fact preventing the discovery of the injury, however, will extend the period to file suit by 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence.  Nevertheless, no action can commence after 7 years from the date the incident giving rise to the injury occurred.

To recap:

•  Absent fraud, concealment or intentional misrepresentation of fact, the statute of limitations requires filing within 2 years of the incident or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence;

•  Absent fraud, concealment or intentional misrepresentation of fact, the action must be commenced no later than 4 years from the date of the incident;

•  Fraud, concealment or intentional misrepresentation extends the period to file suit by two years, but the maximum period to bring a medical malpractice claim is 7 years.

If you think you may have a claim for medical malpractice, you should contact an attorney immediately.   Your attorney needs to gather medical records and evaluate your claim as soon as possible. 

If you, or someone you know, have been injured as the result of negligence, medical malpractice or a dangerous or defective product, contact me at (305) 358-3109 or mmazzarella@hannonboyers.com today for a free evaluation of your claim.