Valenzuela Law Firm, PA | Trial Attorney
Attorney Henry E. Valenzuela

How long do you have to sue after a surgical error?

On Behalf of | Apr 2, 2024 | Medical Malpractice

What if you discover a complication after recovering from surgery? Can you file a lawsuit against the hospital or clinic that may be potentially responsible for your injuries?

Every state has a statute of limitations for medical malpractice lawsuits, which sets a deadline for filing a claim. These deadlines vary significantly; some states offer a year, while others allow several years. Under Florida law, the statute of limitations for negligence claims is two years from the date of malpractice.

Can I file a medical malpractice claim years after the fact? 

If you are a victim of medical malpractice due to negligence and surgical errors, the effects may not surface immediately. It can take time before symptoms arise or testing reveals a problem.  

Most states, like Florida, have a discovery rule that extends the deadline if the error was not discovered earlier. For example, if a foreign object left inside you after an operation is found during a routine X-ray, the time may start from the X-ray date.

Moving forward with a legal claim 

Before filing a claim, gather documentation that will support your case. This includes medical records, surgery reports, documents related to your care, and reports about the suspected errors during the surgery. Although going through the legal process of medical malpractice claims can be time-consuming and confusing, the rewards may be beneficial if you win the case.  

You may also seek a legal professional who can assess your situation, advise you on the best course of action and guide you so you can complete all critical deadlines. While the legal process might take time, understanding your options can empower you to make informed decisions as you move forward. 

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