Written by attorney Sean Cleary

Florida Medical Malpractice: Is There a Time Limit to Sue?

Under Florida law, the statute of limitation rule is that the person injured in a medical error has 2 years to sue for medical malpractice from when he/she knew or should have known that medical negligence occurred. This statute of limitations acts as a bar to causes of actions by claimants.

Therefore, the person injured has two years to sue from the date of their medical procedure. If the injured person doesn't know at the moment of the medical procedure that an error occurred but finds out afterward, then there may be an argument that he/she has more than two years to sue.

In Florida, a medical malpractice lawsuit is resolved in two stages. The first part of the process, that has to be started before litigation is even possible, is called a presuit case. The aim of the presuit investigation is to find out which health care providers are definitely liable for negligence.

During this stage, the case is investigated and all relevant information about medical care and treatment and what the doctors have to say is obtained. Counsel for the plaintiff has to hire an expert or more in the exact medical specialty as the doctor, hospital, or another defendant that the plaintiff is suing.

After investigating, counsel will bring a presuit investigation claim to the relevant court that allows an automatic 90-day extension of the statute of limitations. This extension has also the role of encouraging settlement.

In Florida, the medical malpractice act is complex and the statute of limitations and presuit requirements affect a case's viability and substance.

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