Florida Medical Malpractice and the Statute of Limitations
hello I’m Brett Panther from the personal injury law firm of Panther Panther and San Pedro we also focus and specialize in medical malpractice actions .
today I’m here to talk to you about when you can bring a medical malpractice action and when you can’t generally we have what’s called the statute of limitations in florida it is evolved from an actual statute Florida Statute 95.1 one but that statute allows most negligence actions to be brought within four years from the date that the negligence was committed, but the medical malpractice statute is much shorter and much more restrictive, and what it says is you must bring an action within two years from the date you knew or reasonably should have known medical malpractice occurred so what does that mean when we get a call from clients and they tell us that someone in their family has suffered from medical malpractice.
the first question we ask is when did it occur and if it’s more than two years most likely we won’t take the case even though the statute says it’s two years from the date you knew or reasonably should have known so that becomes a fact question but then the next jump is it’s never to exceed four years so it’s two years from date you knew or should have known never to exceed four years from a day to malpractice was committed
but then as law is it’s complicated there’s another exception and what that statute says is it could be seven years and what do I mean by that if there was and you can prove it fraud concealment or intentional misrepresentation of fact prevented the discovery or the injury the period of limitations extends forward two years from the time the injury is discovered or should have been discovered with the exercise of due diligence but not to exceed seven years and I want to go back to what I said at the beginning when we’re evaluating a case ninety-nine percent of the cases we want to take if their statute of limitations has not expired in other words two years that’s going to be most cases ninety-nine percent two years from the date of the actual medical negligence there’s another exception to make it even more complicated
Florida medical malpractice statute of limitations
if your case or your family’s case involves a minor child there’s a statute and it was founded by a case by Tony a junk child is called tolling for Tony and what it says is you have eight years to bring a case in other words when the child is eight years old if he’s eight years in one day you’re you’re done but if it’s up to eight years up to the eighth birthday you can still bring a medical malpractice action for a child and why is that there’s a reason behind that because sometimes child’s injuries that may be occurring are not very well detected very difficult to determine if a child has brain damage in some cases some cases it’s quite obvious so what do we have to in review we have a general two-year statute of limitations in medical malpractice cases but it can go up to four years because it’s from the date that you knew or should have known in two years from that date then we have the next next level is seven years if there’s fraud or misrepresentation then we have eight years from the day up till the child’s eighth birthday this is all somewhat complicated some of this is becomes a factual issue for a jury
but to be safe to be safe if you feel that medical malpractice are committed upon you or a family or loved one or friend it’s my suggestion that you contact a lawyer without any delay to avoid losing all your rights because statutes are construed very strictly and you could lose all your rights if you don’t pursue your action in a medical negligence case within two years