What is a statute of limitations?
A statute of limitations is the amount of time victims have to take legal action. It establishes a deadline for pursuing legal action. States set the statute of limitations for criminal and civil matters.
For example, Florida requires car accident injury victims to file their cases no more than 48 months after the accident. In comparison, Florida gives victims of breach of contract 60 months to file a suit but sets the statute of limitations for a first-degree misdemeanor as 24 months.
Why statutes of limitations exist
It can be challenging to address legal matters long after an incident occurs. Witnesses may move or pass away, and evidence may be tainted or destroyed. Lawsuits can damage reputations and consume the court’s time. The statute of limitations ensures every person has a reasonable amount of time to pursue legal action and gives them a better chance of locating witnesses and evidence to support their case.
How long do I have to file a medical malpractice lawsuit in Florida?
Florida’s statute of limitations for medical malpractice applies state-wide, from Pensacola to Jacksonville, down to Tampa and Miami, and everywhere in between. Suppose you’ve suffered because of medical malpractice, or you’re the parent of a minor child who was the victim. In that case, Florida gives you two years to file a medical malpractice lawsuit.
The 24-month time limit begins when the victim learns of the medical malpractice. This window begins when the malpractice is discovered instead of when it occurred because the victim may not be aware of the malpractice until several weeks or months have passed.
Suppose you have to have surgery. The surgeon accidentally leaves an instrument inside your body. You have limited mobility following your surgery, and assume the pain you feel is normal. However, your recovery doesn’t progress as expected, and your pain doesn’t subside. Tests eventually reveal you have a medical instrument inside your body. Depending on the instrument’s size and location, you may need emergency surgery to remove it.
Timing the statute of limitations from when you discovered the malpractice instead of when it occurred gives you time to learn about the malpractice and receive treatment to correct the injury, if possible, before taking legal action.
What is the discovery rule?
The statute of limitations time limit usually begins when an incident occurs. For example, the deadline for filing a personal injury claim for car accident injuries begins counting down on the accident’s date.
The statute of limitations for medical malpractice doesn’t follow that rule. The statute of limitations gives medical malpractice victims two years from the date they learned about their injuries. In some cases, medical malpractice isn’t immediately evident, which is why the discovery rule adjusts the deadline.
Florida’s medical malpractice statute of repose
Two deadlines apply to Florida medical malpractice cases. Victims have two years from the discovery date but must also file no more than 48 months from the date the medical malpractice occurred.
The statute of repose prevents claimants from filing medical malpractice cases more than 48 months after the malpractice occurred unless the cases involve one or more of the following exceptions:
- The case involves claims for a minor child under the age of 8
- The medical professional or facility committed fraud
- The medical professional or facility withheld information or misrepresented details
The amount of time victims have to file medical malpractice cases involving concealment, fraud, and misrepresentation extends from four to seven years from the date of the incident and from 24 to 48 months from the discovery date.