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Statute of Limitations for Medical Malpractice In Florida

by admin on December 20, 2021 No comments

Medical malpractice is devastating for both patient and the medical professional. There are some statutes in place in Florida that limit how long it is legally an option for a patient to pursue a medical malpractice case.

Timing is important in these situations, as is proof of negligence or error on the part of the medical professional.

Here’s what you need to know.

What Is the Malpractice Statute of Limitations in Florida?

The statute of limitations for a medical malpractice suit is two years from the date that the harm caused by malpractice was discovered or could reasonably be discovered, according to Florida Statute 95.11 (4)(b).

However, there are a few exceptions to this rule. Oftentimes, an injury caused by medical malpractice may not immediately come to light.

If the case involves an adult and was immediately obvious, there is a two-year statute of limitations.

In the event that the patient is an adult, and the injury was not immediately obvious, and also involved fraud or an attempt to conceal the problem by medical staff, the statute is extended two years from the time it is identified but no more than seven years from the incident that caused the harm.

If it is an adult as the patient, the injury was not immediately discoverable, and there was no attempt to conceal the issue by medical professionals, the statute is four years from discovery.

If the patient is a minor, every case is different. There are no hard guidelines in terms of statutes of limitations in Florida.

What Defines Medical Malpractice in Florida?

Not every case in which the outcome is negative will have legal basis for a malpractice suit. If the doctor followed industry standards and made no mistakes when performing a medical service and the outcome is negative, there is no case for malpractice.

Additionally, if a mistake is made during a medical procedure but there is no clear and lasting damage to the patient’s health and well-being as a result, there is no case for malpractice.

In order to be classified as medical malpractice in the state of Florida, there must be a clear professional patient-doctor relationship between the two people, the doctor must fail to do their duty through negligence or error, and there must be demonstrable harm or injury to the patient that is serious in nature.

I Need Assistance With a Medical Malpractice Suit

Florida Healthcare Law Firm is the only boutique law firm in Florida dedicated to helping medical professionals handle any and all legal issues, including the nuances of a medical malpractice suit.

Contact us today to set up a consultation and get the help you need.

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