Medical Malpractice and the Statute of Limitations in Florida

Medical malpractice is when a medical practitioner like doctors, hospitals or clinic, engages in an act or commits an omission in the course of treatment for patients that is not in accordance with the norms of practice in the medical field which causes injuries to the individual. Medical malpractice is common in Florida. It is crucial to be aware of the fact that Florida law imposes a time limit on the time you can bring a lawsuit to claim medical malpractice claims.

If you or someone else in your family is injured as a result of the fault of a medical professional for example, a doctor or clinic It is essential to hire a seasoned medical malpractice lawyer. Our Florida legal experts in medical negligence from Gerson & Schwartz, PA are available for you! Our lawyers represent medical malpractice victim families and victims across Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Applicable Statute of Limitations Period

Research has shown that nearly 93% of medical malpractice lawsuits settle out of in court. The settlement for medical malpractice or amount of payout grows each year. If an offer to settle is not accepted or an offer to settle is not accepted, you’ll need to start a medical malpractice lawsuit in the appropriate Florida court. As previously mentioned, Florida enforces a strict deadline to bring a medical malpractice lawsuit. This is referred to in law as”the “statute of limitations.” According to Florida Statutes section 95.11(4)(b) the medical malpractice suit has to be brought within 2 years from that date on the day of medical law or the date that you first discovered your injury, or would have been able to have identified your injury.

Florida has a period of repose to medical cases that is four years. In essence, this means you are entitled to 4 years after the time of the medical procedure or treatment you are seeking to bring a suit. So, even if you didn’t know about the error and there was no way to determine it, your claim cannot be filed for more than four years from the time the initial incident. However, if you are able to prove that there was fraud, concealment or deceitful representations on the part of the medical provider occurred, the four-year reprieve period will be converted into a seven-year period.

Florida also has a separate statute of repose for children who are not yet eighteen years old. According to this law when children are under eight years old the applicable statute of repose does not start until the child’s eighteenth birthday. But, be aware that even if the parents were aware of the lapse or ought to have known been aware, the two-year statutes of limitations continues to apply.

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