What is the statute of limitations on medical negligence?

Medical negligence claims in Florida are governed by strict time limits. Understanding these deadlines is crucial to ensure your case is not dismissed for being filed too late. The statute of limitations for medical negligence is critical in preserving your legal rights.

Keep reading for more from our Florida medical malpractice lawyers, then call (561) 655-1990 to schedule your free case consultation.

What is medical negligence?

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in their profession, leading to harm or injury to a patient. It is a form of medical malpractice and involves a deviation from accepted medical practices that results in avoidable harm.

Examples of medical negligence

Common scenarios include:

• Misdiagnosis or delayed diagnosis: A doctor fails to promptly diagnose a condition, leading to worse outcomes.
• Surgical errors: Mistakes such as performing surgery on the wrong body part or leaving instruments inside the patient.
• Medication errors: Prescribing the wrong drug or dosage or failing to check for harmful drug interactions.
• Failure to obtain informed consent: Proceeding with a treatment or procedure without adequately informing the patient of the risks.
• Birth injuries: Negligence during pregnancy or delivery that results in harm to the mother or child.

General statute of limitations for medical negligence in Florida

Under Florida Statutes § 95.11(4)(b), the statute of limitations for medical negligence claims is two years. This time frame generally begins on the date the injury occurred or when the injury was discovered, or reasonably should have been discovered, through due diligence.

Exceptions to the general rule

• Fraud or concealment: If a healthcare provider conceals evidence of malpractice, the statute of limitations may be extended. Victims must file their claim within two years of discovering the fraud but no later than seven years from the date of the incident.

• Minors: In cases involving a child under the age of 8, the statute of limitations may not apply until the child reaches their 8th birthday.
• Disability: If the injured person is incapacitated, additional time may be granted to file a claim.

What happens if you miss the deadline?

Failing to file within the applicable statute of limitations for medical negligence almost always results in losing the right to seek compensation. Courts rarely grant extensions, so it’s vital to act quickly.

Why work with Lytal, Reiter, Smith, Ivey & Fronrath?

Navigating medical negligence claims in Florida requires a deep understanding of the law and its nuances. The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have extensive experience handling these cases. We ensure your claim is filed timely and thoroughly, giving you the best chance for a favorable outcome.

Take action before it’s too late

If you believe you have a medical negligence claim, consult with an attorney as soon as possible. The clock starts ticking the moment the negligence is discovered, so don’t delay. Contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation.