Florida law sets a general two–year time limit on medical malpractice lawsuits. However, there are other time limits that can impact medical malpractice claims, like a four-year statute of repose. You can talk to a medical malpractice lawyer in West Palm Beach from GOLDLAW for more information about lawsuit deadlines and timelines.
What Is the Statute of Limitations for Medical Malpractice in Florida?
As a general rule, you have two years to file a lawsuit for medical malpractice in Florida. Florida’s general personal injury statute of limitations (FL Statutes 95.11) sets a two-year time limit for lawsuits based on negligence, including medical negligence.
The two-year timer starts counting on the date the alleged malpractice happened or the date that you discovered or could have reasonably discovered the malpractice. Once the two-year timer passes, you won’t be able to file a lawsuit and recover financial damages through legal channels.
For example, if you discovered you were a victim of malpractice on June 1, 2026, you would have until June 1, 2028 to take legal action. After June 1, 2028, you would lose your ability to pursue financial compensation. If you are unsure about your case timelines, the team at GOLDLAW can investigate.
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4-Year Medical Malpractice Statute of Repose
You have two years from the date of discovery to file a medical malpractice lawsuit. But you also have a limited time to discover malpractice. If more than four years have passed since the alleged malpractice, you can no longer file a lawsuit.
This four-year statute of repose applies regardless of your knowledge of the malpractice. For instance, if the alleged malpractice occurred on January 1, 2022, and you discovered the negligence on June 1, 2026, you wouldn’t be able to file a lawsuit. However, there are a few exceptions to this four-year timer.
Time Limit for Wrongful Death Due to Medical Malpractice
The time limit for filing a wrongful death lawsuit is the same as the general statute of limitations for negligence claims. When someone dies due to medical malpractice, the deceased’s personal representative has two years to sue for wrongful death.
There is one important difference here: with a wrongful death, the two-year timer starts from the date the victim died. This date may be different from the date they were injured by the medical malpractice. Note, however, that lawsuits for wrongful death due to medical malpractice still abide by the larger four-year statute of repose.
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Exceptions to the Time Limits
There are two very important exceptions to the general four-year statute of repose. These exceptions are when the healthcare provider attempts to hide their negligence and malpractice involving young children. If you think one of these exceptions applies, you need to speak to a lawyer from GOLDLAW to ensure you don’t run deadlines afoul.
Fraud
Medical providers may try to hide their malpractice via fraud or intentionally misrepresenting facts. If this is the case, then you have two years from the date you discovered the fraud to file a medical malpractice lawsuit. This two-year timer applies even if it’s been more than four years since the malpractice happened.
However, even in this circumstance, you can’t file a lawsuit if more than seven years have passed since the alleged malpractice. So, for example, say your healthcare provider committed malpractice on January 1, 2020, and committed fraud to conceal it. The absolute latest you could file a lawsuit would be January 1, 2027.
Young Minors
With medical malpractice cases involving minors, parents are expected to follow the two-year general lawsuit deadline if they know what malpractice occurred. However, for injuries to young children where the parents don’t know about malpractice, the parents can file a lawsuit up until the child’s eighth birthday.
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You Can Extend the Time Limit to Investigate Medical Malpractice
In Florida, when filing a medical malpractice lawsuit, you need to also submit a certificate of counsel. This certificate is from your lawyer and verifies that you have a good-faith reason to pursue a medical malpractice claim. Failing to include this certificate in a lawsuit will result in a rejection.
In some cases, you can extend the two-year filing deadline so that your lawyer can investigate more. You can extend the deadline by up to 90 days, but you need to file a request to extend before the original two-year timer runs out.
Also, once you send the other party a notice of your intent to sue, there is a 90-day waiting period before you can continue with the lawsuit. This 90-day pause allows the parties to investigate and potentially settle the claim. A team member from GOLDLAW can guide you through the process so you satisfy the filing deadline and waiting period requirements.
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Contact a Florida Medical Malpractice Lawyer
Do you have any more questions about Florida’s medical malpractice statute of limitations? If so, send GOLDLAW a message online or call our offices today to schedule a case consultation with a Florida medical malpractice lawyer.
We offer free consultations and don’t take a fee unless we win, so there is no risk to reaching out. Get GOLDLAW and get the help you need and the compensation you deserve.
