How Long Do I Have to Sue for Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, deviates from the accepted standard of care, resulting in injury or harm to a patient. In such cases, the victims should seek justice and compensation. However, individuals may wonder how long they have to sue for medical malpractice before their right to sue expires. Understanding the statute of limitations in medical malpractice cases is essential to protecting your rights. It is equally important to consider obtaining legal assistance from a qualified medical malpractice lawyer.

A stethoscope on a gavel symbolizing medical malpractice law

Have you been a victim of medical malpractice? Contact Jack Bernstein, Injury Attorneys, now. 

Florida’s statute of limitations

The statute of limitations refers to the time limit within which a lawsuit must be filed after an incident or injury occurs. In Florida, there are specific statutes of limitations for different types of medical malpractice cases. 

Regarding claims against healthcare providers, including doctors and hospitals, the general rule in Florida is a lawsuit must be filed within two years from the date when the patient either discovered or should have reasonably discovered their injury resulting from medical negligence. However, there are exceptions to this rule. 

For cases involving foreign objects left inside a patient’s body during surgery or other invasive procedures, the deadline to file a lawsuit can be extended to one year from when the object was discovered or should have been reasonably discovered. 

Additionally, Florida has established a “statute of repose,” which states that regardless of whether the injury was discovered or should have been reasonably discovered, no medical malpractice lawsuit can be filed more than four years after the incident occurred. 

Why is it important to file a claim within the statute of limitations?

Filing a claim within the statute of limitations is crucial for several reasons. For starters, it ensures you can receive compensation for your injuries. If you miss the deadline, the court will dismiss your case, and you lose your right to seek compensation for your injuries.

Next, filing within the statute of limitations allows for a timely investigation into the medical malpractice incident. Evidence such as medical records, witness statements, and expert opinions can become harder to obtain over time. Acting promptly within the legal time frame increases your chances of building a strong case with compelling evidence.

Furthermore, adhering to the statute of limitations provides victims a sense of closure and peace of mind. Delaying filing a claim can cause unnecessary stress and uncertainty, prolonging the physical and emotional healing processes. Taking timely legal action allows you to hold the responsible party accountable and potentially receive compensation for medical expenses, lost wages, pain and suffering, and other damages.

Can I file a claim if the statute of limitations has passed?

In general, once the statute of limitations has expired, you can no longer file a claim. The court will dismiss your case. However, some exceptions might allow you to pursue legal action even after the statute of limitations has passed.

One exception is known as the “discovery rule.” Under this rule, an extension may be granted if you cannot have reasonably discovered your injury or its connection to medical malpractice within the specified time limit. This typically applies in cases where injuries manifest themselves long after a medical procedure or when fraudulent concealment by the healthcare provider prevents discovery of malpractice.

Another exception is called “tolled” statutes of limitations. These occur in situations involving minors or individuals with mental incapacities who may need additional time beyond the normal deadline to bring their claims.

It’s important to consult with an attorney experienced in medical malpractice law who can evaluate your specific circumstances and determine if any exceptions might apply in your case.

Is it advantageous to wait before consulting with an attorney?

Time is of the essence when it comes to medical malpractice claims, as the statute of limitations imposes strict deadlines. Consulting with an attorney early on allows you to benefit from their knowledge and expertise in navigating the complex legal process involved in a medical malpractice lawsuit. They can help evaluate your case, gather crucial evidence, establish liability, and build a stronger claim for compensation.

Additionally, waiting too long to consult with an attorney may result in losing crucial evidence. Witnesses’ memories can fade over time, and documents might become more difficult to obtain or could be lost altogether. By acting promptly and seeking legal advice as soon as possible after discovering potential medical malpractice, you increase your chances of securing maximum compensation for your injuries.

How can a medical malpractice attorney help me?

A medical malpractice attorney provides invaluable assistance throughout the entire process of pursuing a medical malpractice claim, including:

  • Free case evaluation
  • Expert compensation valuation
  • Gather evidence to support your claim
  • Has access to qualified experts to establish negligence
  • Negotiate settlements that benefit you
  • Provides litigation if a settlement cannot be reached
  • Handle all aspects of your case
  • Cares about your healing and recovery
  • Ensures your rights are protected

Reach out to Jack Bernstein, Injury Attorneys, today

A medical malpractice attorney consulting with a client at her desk

If you believe you have been a victim of medical malpractice in Florida, the clock is ticking on the statute of limitations. It is crucial to take action now by reaching out to Jack Bernstein, Injury Attorneys, in Tampa. Our experienced legal team will provide a free consultation to assess your case and guide you through seeking justice and compensation for your injuries.

Schedule your free case evaluation and consultation with Jack Bernstein, Injury Attorneys, today.


Damages in Medical Malpractice. (2023).

FLA. STAT. § 95.11(4)(b).

Statutes of Limitations and the Discovery Rule in Medical Malpractice Lawsuits. (2023).