Medical Malpractice FAQ

How Does A Medical Negligence Case Get Filed? How Long Does It Take?

This is a complex question, and we have dedicated a separate section for this type of claim. Learn more by clicking here.

How Long Do I Have To File A Claim For Medical Malpractice Under Florida Law?

First, there are exceptions to virtually every statute of limitations under Florida law and, therefore, the information contained in this answer should be considered a guide only. For the specific length of time that you have to file a particular claim, contact an attorney who specializes in that area of the law, or call us at 863-578-4755.

Generally, you have two years from the date you knew or should have known of two things: first that you have suffered an injury and that the injury was likely caused by the medical neglect of some medical professional. In no event, however, can a medical negligence claim be filed more than four years after the event that caused the injury unless a medical professional fraudulently prevented you from discovering the facts, in which case you have seven years from the date of the incident. This two-year limitation also applies to wrongful death claims.

Therefore, because each case is different in the specific application of the statute of limitations, the above should be considered a guide only. Contact an attorney at Saunders Law Group in Bartow for the specific limitations period applicable to your claim. The limitations period for medical negligence claims can be quite involved, but as a general rule, you should calculate two years from the date of the incident to be safe. There is currently an ability to extend automatically the statute of limitations in a medical negligence claim by an additional 90 days, but even this automatic extension request must be filed within the statute of limitations period in order to be effective in giving you an additional 90 days.