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How long do i have to file a malpractice case in florida?

Lakeland, FL |
Filed under: Personal injury

i am gathering info on this matter for my father. its been four yrs since the operation. he went to the emergency room with a heart problem, they were able to stabalize him, the doctor said he needed a procedure, he needed to burn the surface of the heart, he burnt to much, and he said he now needed a pacemaker to live, he got that operation done as well, he hasnt been the same, this is now affecting his job, he drives big rigs and was told to take a physical, the doctor found out he still has the condition and he cant be cleared, he has not options for another procedure since his heart is to weak, is there anything we can do? what is need to file a suit?

Attorney Answers 2


  1. You need to consult with an attorney specializing in medical malpractice immediately. In Florida, the statute of limitations for med mal is 2 years from when you knew or should have known. But there are also presuit requirements. Only an attorney who does this type of work and has reviewed all the information will be able to tell you if the case is viable. Immediate action in this type of situation will give you the best opportunity to maintain an action. Good luck.

    The above comments are for informational purposes and are not intended to create an attorney-client relationship


  2. Your father needs to speak to a lawyer now -- immediately. Delays can and do terminate valid claims.

    The Statute of Limitations (SOL) in Florida, for medical malpractice claims, is generally 2 years from the date of the malpractice, or 2 years when you reasonably knew or should have known, of the malpractice.

    For adults, in addition to the SOL, there is a statute of repose which may bar any claim not brought within 4 years, regardless of when the malpractice was discovered.

    If it's not already too late, the SOL can be tolled for 90 days upon the filing of a one-page Petition to Extend the Statute of Limitations under Florida Statutes Section 766.104(2).

    Often, determining whether an SOL or repose statute bars a claim depends on the facts, so see a lawyer immediately.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    Disclaimer: legal information is not the same as legal advice (which is the application of law to an individual's specific circumstances). The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

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