What is the Statute of Limitations for Medical Malpractice?
The statute of limitations sets a time limit for filing a lawsuit, and if you miss this deadline, your case will be dismissed. In Florida, the statute of limitations for medical malpractice is two years from when the patient (or a family member, parent, or guardian) knew, or should have known with reasonable diligence, that an injury occurred and that it was likely caused by medical malpractice. Calculating this two-year time limit can be tricky, as it involves interpreting both the statute's language and multiple Florida case decisions that define what constitutes knowledge of the “incident.” However, there is also a statute of repose that further complicates the situation.
What is the Medical Malpractice Statute of Repose?
Florida's statute of repose is a strict rule stating that, except in cases of fraud, concealment, or misrepresentation, no healthcare provider may be sued for medical malpractice more than four years after the actual incident of malpractice. This means that even if the patient or their family does not discover the malpractice within that time, the claim is barred after four years. If fraud, concealment, or misrepresentation by the healthcare provider can be proven, the statute of repose may extend to seven years. Importantly, whichever expires first—either the two-year statute of limitations or the four-year statute of repose—will cut off the claim.
Special Statute of Repose for Children
Florida has a specific statute of repose for children, stating that the four-year statute of repose will not cut off a child’s malpractice claim before their eighth birthday. However, the two-year statute of limitations still applies, meaning the claim can still be barred earlier if the parents or guardian knew or should have known about the injury and its possible cause. This creates a complex situation where understanding both statutes is crucial to preserving the child’s right to claim.
Why Consult a Medical Malpractice Lawyer?
When medical malpractice occurs, the consequences can be severe. An experienced medical malpractice attorney can help navigate the complexities of filing a medical malpractice case. They can assess whether your case falls within the relevant statutes of limitations and repose and determine the viability of your claim.
The Complexity of Medical Malpractice Cases
Medical malpractice cases involve intricate legal and medical issues. A medical malpractice lawyer will gather medical records, consult with medical professionals, and identify common types of medical malpractice, such as surgical errors, medication errors, and misdiagnoses. They will help prove that the medical professional failed to meet the standard of care and that this failure caused harm.
Proving Negligence and Causation
A successful medical malpractice case requires demonstrating that the doctor-patient relationship existed, the medical professional failed to provide the expected standard of care, and this failure directly caused the injury. Expert testimony is often necessary to establish these points.
Steps to Take When Filing a Medical Malpractice Claim
- Consult a Medical Malpractice Lawyer:
Start by consulting an experienced med mal attorney who can evaluate your case and guide you through the process.
- Gather Medical Records:
Collect all relevant medical records that document your treatment and injuries.
- Expert Consultation:
Your attorney will likely consult with medical experts to evaluate the standard of care and determine if negligence occurred.
- File the Claim:
Ensure your claim is filed within the statute of limitations and meets all procedural requirements.
- Prepare for Litigation:
Be ready for the possibility of going to court, as many medical malpractice cases are vigorously defended.
Conclusion
Understanding the statute of limitations and statute of repose in medical malpractice cases is crucial. An experienced medical malpractice lawyer can help ensure your claim is filed timely and accurately, increasing your chances of a successful outcome. Don’t let complex legal rules prevent you from seeking justice for medical malpractice.
