No one entrusts their health to a medical professional expecting to find themselves in a worse condition than before. Yet, medical malpractice is a harsh reality for many patients. This can occur from misdiagnosis or delayed diagnosis, surgical errors and childbirth injuries, to name a few.
Those injured due to a healthcare professional’s negligence may pursue a medical malpractice lawsuit. This can be an incredibly helpful step toward recovery. However, it is important to note that they cannot file a claim at any time.
You have a limited window to file
For medical malpractice claims in Florida, the time limit is generally two years. The time frame begins on the date when you (or sometimes, a loved one) became aware or should have reasonably discovered through due diligence that an injury occurred and that there is a reasonable likelihood it is due to medical malpractice.
There is a catch, though. Florida also has a statute of repose. This law states that you cannot file a claim more than four years after the date of the actual incident, regardless of discovery.
There are some exceptions to these limits. For instance, if the healthcare provider concealed the malpractice, you may have up to seven years to file. If the injured party is a child, different rules may apply. A child under eight has until their eighth birthday to file unless the statute of limitations expires first.
Prompt legal action is crucial
The legal process for medical malpractice claims is typically intricate and lengthy. It entails collecting medical records, consulting with medical experts, negotiating with insurance companies and possibly proceeding to trial.
Each step requires time, and you do not want to jeopardize your case by running out of time before it is adequately prepared. If you believe you are a victim of medical malpractice, do not delay pursuing legal remedies, as it could result in forfeiting your right to obtain compensation.