What do I need to know about the statute of repose in medical malpractice cases?
In Florida, the statute of repose is an important element of medical malpractice law. The statute of repose is a law that sets a defined period of time in which a person may bring a lawsuit related to medical malpractice. In Florida, this period of time is two years from the date of the alleged act of malpractice in question. This means that a person must file a claim within two years of the alleged act of medical malpractice in order to be able to file a lawsuit. The statute of repose is important in medical malpractice cases because the evidence surrounding the incident may become less credible as time passes. For this reason, it is important for individuals who believe they have a case to move quickly, as they may lose their ability to file a case. The statute of repose does have some exceptions. For example, if the person was unaware of the severity of their medical condition at the time, they may have more time to file a claim. Additionally, minors are afforded extra time to file a medical malpractice lawsuit, due to their lack of capacity to make decisions. Overall, understanding the statute of repose is vital for those considering filing a medical malpractice lawsuit in Florida. As the time to file diminishes quickly, it is important to understand the statute of repose and act accordingly.
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