Statute of Limitations for Medical Malpractice In Florida

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Medical malpractice is a serious concern that can have far-reaching consequences for patients and medical professionals alike. In Florida, as in many other states, there are laws that govern the timeframe within which an individual can file a medical malpractice claim. This legal timeframe is known as the statute of limitations. Understanding the statute of limitations is crucial for patients who believe they have been victims of medical negligence, as it dictates when they can seek legal recourse. This article explores the statute of limitations for medical malpractice in Florida, providing a comprehensive overview of its significance and implications.

Definition of the Statute of Limitations

The statute of limitations refers to the specific period during which a plaintiff can file a medical malpractice lawsuit. In Florida, this timeframe is determined by law and aims to strike a balance between the rights of patients to seek compensation for damages caused by medical negligence and the need for certainty and finality in legal matters.

Statute of Limitations for Medical Malpractice in Florida

In Florida, the statute of limitations for medical malpractice cases is generally set at two years from the date when the patient discovered, or should have reasonably discovered, the injury caused by medical negligence. However, there is also a broader statute of repose, which states that medical malpractice claims cannot be filed more than four years after the alleged malpractice occurred, regardless of when the injury was discovered.

This means that patients who have experienced harm due to medical negligence have up to four years from the date of the incident to file a lawsuit, regardless of whether they were aware of the injury at the time. However, there are certain exceptions and nuances to these timeframes, which may warrant the assistance of a qualified attorney to ensure compliance with the law.

Exceptions to the Statute of Limitations

Florida law recognizes a few exceptions to the standard statute of limitations for medical malpractice cases. These exceptions may extend the filing deadline under specific circumstances:

Fraud or Misrepresentation: If the medical professional conceals or misrepresents the malpractice, the statute of limitations may be tolled until the patient discovers the deception.

Foreign Objects: In cases where a foreign object, such as a surgical tool, is left inside the patient’s body, the statute of limitations may be extended beyond the general timeframes.

Minors: If the injured party is a minor at the time of the malpractice, the statute of limitations may be tolled until they reach the age of 18.

Incapacity: If the plaintiff is mentally or physically incapacitated, the statute of limitations may be delayed until they regain capacity.

Significance and Implications

Understanding the statute of limitations for medical malpractice in Florida is essential for both patients and medical practitioners. For patients, it emphasizes the importance of timely action when seeking legal recourse for medical negligence. Failing to file a claim within the designated timeframe can result in the loss of their right to compensation, regardless of the severity of the negligence.

On the other hand, the statute of limitations also provides medical professionals with some level of certainty and protection from potential lawsuits long after the incident occurred. This encourages timely resolution of claims and helps maintain the integrity of medical practices.

The statute of limitations for medical malpractice in Florida plays a critical role in regulating the timeframe within which patients can seek legal redress for injuries caused by medical negligence. As a two-year discovery period with a four-year statute of repose, patients must act promptly if they suspect they have been victims of malpractice. Exceptions to these timeframes exist, but it is essential to seek legal counsel to navigate these complexities properly. For medical professionals, understanding the statute of limitations serves as a reminder to maintain the highest standards of care and mitigate the risk of potential lawsuits. Overall, the statute of limitations serves as a balance between the rights of patients and the need for legal certainty in medical malpractice cases in Florida.

How to File a Complaint Against a Doctor in Florida

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The Florida Department of Health is the regulatory agency responsible for protecting the public in the world of healthcare.

They require medical professionals of all kinds to attain a certain level of education in order to gain license to practice in the state. They further require medical professionals to maintain that licensure through ongoing education and a stellar record of patient care.

When one or both of these requirements are threatened, the professional may risk fines, imprisonment, loss of licensure, or a combination of these. This applies to professionals in every aspect of healthcare, from physicians and dentists to their support staff.

When a patient feels their doctor has violated their code of ethics or responsibility, they are encouraged to file a complaint with the state. The FDH will investigate these complaints and determine whether or not action is warranted. The process can be lengthy and tedious, and in some cases, legal counsel may be recommended.

How to File a Complaint Against a Doctor in Florida

In the state of Florida, patients, colleagues, and employees can easily file a complaint against an individual practitioner, a business, or both.

This process begins online, but depending on the nature of your complaint, you may be directed to the Florida Department of Health, Agency for Health Care Administration, the U.S. Department of Health and Human Services, Statewide Medicaid Managed Care, Florida Department of Agriculture and Consumer Services, or another agency to continue to process your complaint.

Where and how you file will depend on the focus of your complaint. For example, if you believe that your doctor is fraudulently charging or overcharging you for services, you may need to go to the Department of Agriculture and Consumer Services.

If you would like to file a complaint based on a HIPAA violation, you will have to file with the U.S. Department of Health and Human Services.

Each of these agencies has a different set of forms and procedures to follow as you go through the process.

Florida Medical Board Complaints

If you wish to file a complaint of malpractice with the Florida Medical Board, the process is especially tricky. They make it very clear that while they will investigate the matter and potentially levy fines or pull licensure, they will not represent any patients in civil matters.

Additionally, the process of filing is complex, and it is not always easy to know what should happen next or what is required of the complainant.

Florida Healthcare Law Firm Can Answer Your Questions



If you’ve had a complaint filed against you, the best thing to do is hire an attorney who can assist you. Choose a law firm that has experience with healthcare law specifically as these cases can get complex.


If you have questions related to healthcare law in Florida, contact Florida Healthcare Law Firm today for assistance.

Healthcare Law and Ethics

Healthcare law and ethics

The relationship between law and ethics in healthcare isn’t always clear. Some ethical decisions break legal requirements, and sometimes the opposite is true. Learn how to walk this line effectively with the help of a lawyer.

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House Physician License in Florida

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If you’re a house physician who has recently moved to Florida from out of state, or out of the country, it’s a good idea to get the ball rolling to get your medical license in Florida.

Many doctors move to Florida, a highly sought after location, with the intention to live and practice medicine. Rather than take a chance on the paperwork taking too long and getting in trouble for practicing without a license, it’s a good idea to reach out to Florida Healthcare Law Firm for help and get started now.

How Do I Get a House Physician License in Florida?

There are a couple of different ways to get your medical license in the state of Florida, according to the Florida Board of Medicine.

You can seek licensure by endorsement, as long as you have:

  • A degree from an Allopathic US Medical School of a school recognized and approved by the US Office of Education (AMG) as well as at least one year of residency,

OR

  • A degree from an international medical school, passed both parts of the NBME or ECFMG exams, performed a year of supervised clinical training, and finished a 2+ year-long residency,

OR

  • Passed all parts of the NBME, FLEX, or USMLE and have a medical license in another jurisdiction while practicing medicine for a minimum of two of the past four years, or passed a clinical competency exam approved by the board in the last year, or finished a postgrad training program within the last two years.

You can also seek licensure by examination.

How Long Does It Take to Get a Florida House Physician License?

It can take anywhere from three to six months once you have all the documentation in place and filed. A law firm can help the process to move much more quickly.

Where Can I Get Help Filing for My House Physician License in Florida?

Florida Healthcare Law Firm is a boutique law firm designed specifically to support medical professionals with all legal issues. We can assist you with the process of getting your house physician license in Florida. Call now to set up your initial consultation and get the process started.

Health Care Fraud Enforcement Got You Worried?

healthcare fraud in 2020

healthcare fraud in 2020By: Karen Davila

Healthcare fraud continues to be a significant priority for the U.S. Department of Justice.  On February 24, 2021, the DOJ’s Criminal Division Fraud Section published its annual “Fraud Section Year in Review 2020.”  While the Fraud Section has three separate enforcement units, the Health Care Fraud (HCF) Unit is responsible for all enforcement activities in the health care industry.  The Unit’s focus is to protect against fraud and abuse in federal health care programs and recoup illicit gains.

During 2020, the HCF Unit operated 15 strike forces in 24 federal judicial districts throughout the U.S.  The efforts of these strike forces led to charges against 167 individuals alleging $3.77 billion in fraudulent charges for health care paid for by federal and state programs.  This should cause any health care provider to stand up and take notice.  And enforcement in the health care industry is not likely to go away soon with so many schemes ripe for the government’s picking and generating recoupment on behalf of the federal health care programs.

Here are couple of the latest schemes that have landed pharmacies, pharmacists and other health care professionals squarely in the crosshairs of federal enforcement:

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Company Model Scrutiny For Physicians After Daitch Case

fhlf daitch case

fhlf daitch caseBy: Jeff Cohen

A 2018 Department of Justice civil settlement involving a Florida interventional pain physician was a cliff hanger when it surfaced, especially vis a vis the issue of the so-called Company Model, where anesthesiologists and referring physicians jointly owned an anesthesia provider.  The Daitch settlement involved interventional pain specialists who settled the case for $2.8 Million.  There, the government claimed that a mass of urine drug tests weren’t reasonable or medically necessary.  But the issue buried in the settlement call the issue of intertwined medical businesses and the Company Model into question.

The so-called Company Model involves the formation of a company that provides anesthesia services.  It’s jointly owned by anesthesiologists and referring physicians.  Theoretically, on a Monday, the anesthesiologists own the anesthesia practice and bill for all anesthesia services performed at a GI lab or ASC.  On a Tuesday, however, the new company (jointly owned by the same anesthesiologists and the referring physicians) steps in and starts billing for the anesthesia services, thus indirectly sharing a part of the profits with the physicians who are generating the anesthesia referrals.

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Weave Compliance Into Your Practice For 2021

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fhlf regulatory complianceBy: Jeff Cohen

A recent Department of Justice $500,000 settlement with a cardiology practice underscores the need for ensuring tighter compliance by medical practices.  There, the practice billed Medicare for cardiology procedures for which interpretive reports were also required.  Medicare paid for the procedures, but upon audit, CMS could not find the requisite interpretive reports.  The False Claims Act case settled for $500,000, but it’s likely that (1) the reimbursement by Medicare was far less, and (b) the legal fees behind the settlement weren’t too far behind the settlement amount!  Had the practice self-audited each year, would they have found the discrepancy?

Medical practices have felt the weight of price compression and regulatory load more than probably any segment in the healthcare sector.  They are doing far more for far less.  And regulations expand faster than viruses!  Hence, many have a strategy of regulatory compliance that can best be characterized as a combination of facial compliance (“We bought the manual and put it on the shelf”) and hope (“They’re not really serious about this, are they?”).  Unless you’re part of a practice of more than 20 doctors, it’s likely that you can do more to ensure regulatory compliance.

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DOJ Makes Third Revision to its Compliance Guidance in as Many Years

corporate healthcare compliance

corporate healthcare complianceBy: Jacqueline Bain

In the beginning of June, 2020, the Department of Justice (“DOJ”) revised its Evaluation of Corporate Compliance Programs Guidance Document. The Document is designed to assist prosecutors in making informed decisions as to whether, and to what extent, the company’s compliance program is effective for purposes of determining, when a compliance violation has occurred, the appropriate form of any resolution or prosecution and monetary penalty. It also guides a prosecutor as to the company’s compliance obligations contained in any criminal resolution. The Document has been revised on three occasions since 2017, telegraphing the DOJ’s intent to prosecute those businesses without compliance plans, or without effective compliance plans, more harshly than those taking steps to identify and remedy risks. 

A healthcare business’ failure to have in place a compliance program designed to detect and respond to potential fraud and security risks places it at a serious risk of civil and criminal liability. When a compliance issue is investigated, charged and resolved, DOJ prosecutors are instructed to consider whether the business has invested in and improved its corporate compliance program and internal controls systems. They must also determine whether those improvements have been tested to demonstrate that they would prevent or detect similar misconduct in the future. According to the DOJ, there are three fundamental questions that a prosecutor should ask when determining whether a business’ compliance plan is sound: Continue reading

Operation Double Helix – Unprecedented Genetic Testing Fraud

By: Karina P. Gonzalez 

According to the Department of Justice (DOJ) genetic testing is the next frontier for healthcare fraud.

In a fraudulent operation that the Department of Justice calls, “unprecedented”, elderly or disabled patients nationwide were lured into providing their DNA for testing in a widespread genetic testing fraud scheme powered by a large telemarketing network. The doctors involved were paid to write orders prescribing the testing without any patient interaction or with only a brief telephone conversation.Continue reading

EMTALA Compliance: A Primer

EMTALABy: Dave Davidson

In 1986 President Ronald Reagan signed the Emergency Medical Treatment and Active Labor Act (EMTALA) into law.  Since then, the application of the law has been expanded and refined.  It was one of the first laws giving the government the authority to dictate certain operations of a hospital.  While other laws and regulations such as the Anti-Kickback Statute and the Stark Law have become more of a focus for health care providers, EMTALA remains an area of active enforcement.  All providers with hospital privileges should therefore be aware of its application.

The policy behind the law is fairly straightforward.  Hospitals with emergency departments should not be able to turn away patients needing care because of their inability to pay (no more “wallet biopsies” as part of triage).  Likewise, hospitals should not be able to “dump” patients on other facilities for reasons other than for advanced care.

The requirements of the law are also very basic.  If a patient comes to an emergency department and requests an examination or treatment for a medical condition, the hospital must provide an appropriate medical screening exam, within its capability, to determine whether or not the patient has an emergency medical condition.  The screening provided goes beyond simple triage, and must be performed by a clinical provider such as a physician, nurse practitioner, or physician’s assistant.Continue reading