How Long Do I Have to File a Medical Malpractice Case in Florida?

Video Transcription:
The time limit of bringing a claim is called the statute of limitations. The purpose of the statute is to put a limitation or an end point and if you miss this end point you can't bring your claim.

The rule in Florida for a medical malpractice claim is that it has to be brought within two years of the date you knew or should have known that you had the basis to bring a claim. So it's from the date of discovery. But there is a four year period in Florida that even though you don't discover your claim for some extended period afterward, you cannot bring a claim after four years.

Medical malpractice claims are such that if you have a thought that you have a malpractice case, you need to get to an attorney's office and have it evaluated as soon as possible. Finding that date where you knew or should have known is not always as clear cut as you might think it might be.

Due to the nature of our small practice, we are unable to take every case, but we always strive to connect clients with the right attorney for them. We are happy to set up referrals to other attorneys who may be better suited to assist you.

It's important to note, to have a legitimate medical malpractice claim, your surgeon or doctor had to have been grossly negligent.

Jim Dodson
A Florida injury lawyer, family man and avid cyclist who clients have trusted for over 25 years.