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When does the statute of limitations take place in med malpractice? From the injury date or from the last dday of treatment?

Pembroke Pines, FL |

I've read that the statute of limitations can take place from the last day of treatment, which seems odd, but alot of patients continue to receive treatment after the date of the injury. e.g. the injury took place april 2012, but I was still seeing doctors for the adverse effects in september 2012

Attorney Answers 6

Posted

What an interesting question. And the answer is that IT DEPENDS. This is a very complex issue and there are dozens and dozens of cases reviewing fact patterns of each specific set of facts. The printed rule is that it is two years from when you should know that there was an injury which could have been caused by medical negligence, but not greater than 4 unless there was fraud or concealment and then 7. The answer is that only a trained professional in this field can give it his/her best answer and sometimes we have to guess because facts are not always simple.

This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.

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John David Kelner

John David Kelner

Posted

I should add. If the 'injury' occurred in April of 2012 as you noted, you should still seek professional advice. Don't do this counting on your own. You could waive your rights if you count in a way that the courts disapprove.

Posted

In Florida, the statute of limitations for medical malpractice is two years from when the patient either knew, or should have known with the exercise of reasonable diligence of the injury. Florida also has a statute of repose that says unless there is fraud, concealment, or misrepresentation, under no circumstances may a medical malpractice case be brought more than four years after the actual incident of malpractice.

My answer to your question does not create an attorney-client relationship.

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Posted

I recommend that you speak with a qualified medical malpractice attorney in Florida to assist you with any questions you may have concerning the statutes of limitations against any particular party. I do not advise that you represent yourself

Good luck.

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Posted

The bottom line is the SOL clock is always ticking. Consult an experienced medical malpractice lawyer now.

These cases can take a while to obtain the medical records, review by counsel, and then submit to an expert for medical review and opinion -- all while the statute of limitations clock is ticking. Any experienced attorney is going to want to have adequate time to do this, and you should not wait to obtain a consult.

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

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Asker

Posted

What about for damages that are becoming more apparent over time? Would six months prior to the deadline be too late for all the things you mentioned in the second paragraph of your answer?

Posted

The statute begins to run the date you knew your legal rights had been violated.
You seem to be well within the statute under Florida law.
You may wish to contact us www.floridamedicalmalpracticefirm.com

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Posted

I assume the malpractice occurred in the state of Florida. Otherwise this answer is meaningless.

If the injury took place in April 2012, the soon as the statute of limitations could expire will be April 2014, two years from the date of injury. Technically, Florida has a "discovery" rule meaning that the statute does not begin to run until you knew or should have known of the malpractice. So, perhaps the statute of limitations will not begin to run until sometime between April and September 2012, so it will not expire until two years from that date.

Academically, if there is fraud, the outside limit for the statute of limitations in Florida is seven years, and if there is no fraud the outside limit is four years (even if you do not know that you were injured).

But if there was really malpractice, you should be consulting with the malpractice lawyer now, and not wait until close to the end of the statute of limitations. There are pre-suit investigations required before any definitive action can be taken.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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