The Statute of Limitations is a law that limits the time within which an individual can bring a claim.
Section 95.11(4)(b), Florida Statutes, provides that the Statute of Limitations for a medical malpractice claim in Florida is two (2) years. This means that a claim must be initiated within two (2) years from the time the incident giving rise to the cause of action occurred or within two (2) years from the time the incident is discovered or should have been discovered with the exercise of due diligence. If a claim is not commenced within two (2) years after the injured party knew or should have known of the existence of the claim, the claim may be barred.
Regardless of the date a claim is discovered, in no event can a claim for medical malpractice be brought more than four (4) years after the incident. This is known as the Statute of Repose. This four-year period shall not bar an action brought on behalf of a minor child on or before the child’s eighth (8th) birthday.
In any action in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations will be extended forward an additional two (2) years, however, in no event to exceed seven (7) years from the date the incident giving rise to the injury occurred except in the case of a minor child before the child’s eighth (8th) birthday.
If you have any questions regarding the Statute of Limitations for a medical malpractice claim, please contact Michael P. Bonner, Esq. at [email protected] Mr. Bonner is an attorney with thirty (30) years of experience handling medical malpractice claims for both healthcare providers and patients injured by medical malpractice.