What is the statute of limitations on medical malpractice claims?

In Florida, the statute of limitations for medical malpractice claims is generally two (2) years from the date of the act or omission which gave rise to the injury. In addition, under certain circumstances involving minors or those who may not have had capacity to act, the statute of limitations may be extended to four (4) years from the date of the injury. Additionally, if the cause of action arose from foreign objects left in the body, the statute of limitations may be extended to one (1) year from the date of discovery. In the event a medical malpractice claim is made against a governmental agency, then the statute of limitations is only three (3) months from the date of injury and must be filed with the appropriate agency. Also, it is important to note that any medical malpractice claim must be filed prior to the expiration of the applicable statute of limitations because if not, the plaintiff may be forever barred from having their day in court. Furthermore, it is important to note that each state has its own rules and statutes of limitations for medical malpractice claims and, in some states, these statutes can vary depending on the type of medical malpractice. Therefore, it is highly recommended that individuals consult with a medical malpractice attorney in the state of Florida to ensure they are aware of the applicable statute of limitations and associated deadlines.

Related FAQs

What is the statute of limitations on medical malpractice claims?

Related FAQs

Related Blog Posts