Medical Malpractice Rules in Florida
The deadline to file a medical malpractice claim in Florida, the discovery rule, and caps on damages.
Short answer: A medical malpractice claim must be filed within 2 years from the incident or from when it was discovered or should have been discovered, but no later than 4 years after the incident. Fla. Stat. § 95.11(5)(c)
| Medical malpractice deadline | A medical malpractice claim must be filed within 2 years from the incident or from when it was discovered or should have been discovered, but no later than 4 years after the incident. If fraud, concealment or intentional misrepresentation prevented discovery, the period is extended to 2 years from discovery, but no more than 7 years after the incident. Neither outer limit bars a claim on behalf of a child filed on or before the child's 8th birthday. Source: Fla. Stat. § 95.11(5)(c) |
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FAQ
What is the statute of limitations for medical malpractice in Florida?
A medical malpractice claim must be filed within 2 years from the incident or from when it was discovered or should have been discovered, but no later than 4 years after the incident. If fraud, concealment or intentional misrepresentation prevented discovery, the period is extended to 2 years from discovery, but no more than 7 years after the incident. Neither outer limit bars a claim on behalf of a child filed on or before the child's 8th birthday.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.