General Statute of Limitations
Under Florida Statute 95.11, medical malpractice claims must generally be filed within two years from the date the patient knew, or should have known with the exercise of reasonable diligence, that the injury was caused by medical malpractice. This two-year window is one of the most critical deadlines in personal injury law, and missing it can permanently bar your right to seek compensation.
In addition to the two-year statute of limitations, Florida imposes a four-year statute of repose. This means that regardless of when a patient discovers the injury, no medical malpractice action may be commenced more than four years from the date of the alleged incident of malpractice. The statute of repose acts as an absolute outer boundary for filing a claim.
These deadlines make it essential to consult with a medical malpractice attorney promptly after you suspect you have been harmed by medical negligence. At Roselli & McNelis, we understand the urgency of these timelines and work diligently to investigate and initiate claims within the required periods.
The Discovery Rule
Florida's discovery rule recognizes that patients do not always immediately know they have been injured by medical negligence. In many cases, the effects of malpractice are not apparent for months or even years after the negligent act occurred. The discovery rule provides that the statute of limitations begins to run from the date the injury is discovered, or should have been discovered through reasonable diligence.
For example, if a surgeon leaves a foreign object inside a patient during surgery and the patient does not experience symptoms until a year later, the two-year clock starts when the patient discovers (or reasonably should have discovered) the foreign object, not when the surgery took place. However, the four-year statute of repose still applies as the outer limit.
Exceptions to the Deadlines
Florida law provides several important exceptions that may extend or modify the standard statute of limitations for medical malpractice claims:
- Minors: For children under the age of eight, a medical malpractice claim must be brought within the later of the standard limitations period or the child's eighth birthday. This provides additional time for claims involving very young children.
- Fraud or Concealment: If a healthcare provider actively conceals the malpractice or engages in fraud to prevent the patient from discovering the injury, the statute of limitations may be extended. In cases of fraud, concealment, or intentional misrepresentation, the statute of repose is extended to seven years.
- Incapacitated Patients: Patients who are mentally incapacitated at the time the malpractice occurs may have additional time to file a claim, as the limitations period may be tolled during the period of incapacity.
These exceptions are narrowly construed by Florida courts, so it is important to have an experienced attorney evaluate whether any exception applies to your situation.
Pre-Suit Requirements in Florida
Before filing a medical malpractice lawsuit in Florida, a claimant must complete a mandatory pre-suit investigation process. This requirement, established under Florida Statute 766.106, adds additional time considerations to the filing process. The claimant must notify each prospective defendant of the intent to initiate litigation at least 90 days before filing suit.
During this 90-day pre-suit period, the statute of limitations is tolled, meaning the clock is paused. Both parties are expected to conduct good-faith investigations, and the prospective defendant must respond with a rejection, an offer of settlement, or an offer to arbitrate. The pre-suit process is designed to encourage early resolution of disputes, but it also means that initiating the process well before the statute of limitations expires is critical.
Why Timely Action Matters
Delays in pursuing a medical malpractice claim can be devastating. Beyond the risk of the statute of limitations expiring, critical evidence can be lost over time. Medical records may become harder to obtain, witnesses' memories fade, and healthcare providers may leave practice or relocate. The sooner an investigation begins, the stronger the evidence supporting your claim will be.
At Roselli & McNelis, we encourage anyone who suspects they have been injured by medical negligence to contact us immediately for a free consultation. Our trial attorneys will evaluate your claim, explain the applicable deadlines, and take prompt action to protect your rights. Do not let a filing deadline cost you the compensation you deserve.