Florida Statute of Limitations for Medical Malpractice Cases By Tod Aronovitz | 07/23/18 | 0 Comment

medical malpractice

The statute of limitations is essentially a deadline. It limits the amount of time you have before you can no longer sue for malpractice. Medical malpractice cases take place in civil court because of the nature of these incidences. Doctor negligence can be hard to prove because things can go wrong in the medical field even when the doctor does everything correctly.

It is Best to Initiate a Case as Soon as Possible 

Florida law states that you have two (2) years from the date that the injury is discovered to file a medical malpractice case. There are limitations to this. You cannot file a case if four (4) years have passed since you last received treatment or surgery. The case will be thrown out if this happens. But there are exceptions to this rule such as if the case relates to a minor under eight (8) years old.

Filing a medical malpractice case is a complicated process that takes months. Before filing the case, you must give the negligent party notice and participate in a 90-day pre-suit investigation. If the statute of limitations is close to expiring, you can extend it by filing a 90-day extension with the court. At the end of the 90 days, you then have sixty days to file your lawsuit against the hospital, doctor or medical facility. You will want to file your claim as soon as possible because evidence degrades over time. You may need to collect substantial physical evidence like medical records, x-rays, and other documentation and photographs.

What Are Your Rights as a Patient?

A Miami medical malpractice attorney will inform you about all patient rights. A 2017 Florida Supreme Court decision determined that patients have a right to request their own medical incident reports. Amendment VII of Florida’s Constitution expanded patient’s rights so that you have a right to have access records relating to any adverse medical incident including those involving other patients. Some of these incident reports may contain evidence that will help prove your case. A lawyer might be able to notice a trend in the reports.

Why You Should Contact an Attorney

You will want to utilize the services of a lawyer if you think you or your family member is a victim of medical malpractice. While it can be very hard to win a medical malpractice case because hospitals have teams of lawyers that deal with these claims daily, the Miami medical malpractice attorneys at Aronovitz Law specialize in these sorts of cases.