Florida Statute of Limitations on Medical Malpractice
A statute of limitations sets a deadline for filing lawsuits. Lawsuits are barred after the deadline expires. If you file a personal injury or medical malpractice lawsuit after the statute of limitations ends, the court can dismiss the lawsuit. A judge is not required to consider whether you have a valid legal argument before dismissing your case.
Each state sets its own statute of limitations for civil lawsuits. The deadline for filing a lawsuit varies depending on the lawsuit and other factors. Therefore, it is unwise to base your case’s deadline on another case. It is best to seek legal advice as soon as you can after a personal injury or accident.
Why Do We Have a Statute of Limitations in Medical Malpractice Claims in Florida?
States enact statutes of limitations for many reasons. Filing deadlines help courts keep cases moving through the system efficiently. It also prevents a party from using the threat of a lawsuit indefinitely. Parties must file claims within a set period or lose the right to pursue a claim through the courts.
A party has the right to defend themselves against claims. However, the longer an injured party waits to file a lawsuit, the more likely evidence may be destroyed or lost. A statute of limitations forces the injured party to file a claim within a reasonable period. It helps ensure the evidence required to build a case is still available.
What Is the Statute of Limitations for Florida Medical Malpractice Lawsuits?
Most medical malpractice lawsuits in Florida have a two-year statute of limitations. Generally, the time begins when the malpractice occurred. However, exceptions can change the deadline to file a medical malpractice lawsuit.
Exceptions to the medical malpractice statute of limitations include:
Statute of Repose
The statute of repose can extend the time you have to file a medical malpractice lawsuit. Some patients may not discover the malpractice until after the initial two-year deadline. Therefore, the statute of repose gives you two years from the date you discovered or should have reasonably discovered the medical malpractice to file a lawsuit.
However, the statute of repose does not mean you have forever to file a medical malpractice lawsuit. You are required to file a lawsuit within four years from the date of the malpractice. The four-year deadline from the malpractice date is a hard deadline for the statute of repose.
Fraud, Concealment, and Misrepresentation
The statute of limitations for medical malpractice is extended if the case involves fraud, concealment, or misrepresentation. You have up to seven years from the date of the medical malpractice to file a lawsuit if the medical provider tried to conceal their negligence or malpractice.
However, the two-year filing deadline applies once you discover the medical malpractice. Therefore, suppose a doctor misrepresented the facts of your case and changed your medical records to conceal their mistake. You discover the malpractice three years after the date of your treatment. You would have two years to file a lawsuit.
Lawsuits for Minors
Medical malpractice cases on behalf of minors have a different statute of limitations for lawsuits. The four-year deadline for the statute of repose does not apply if the minor is under eight years old. However, the two-year deadline remains.
Parents and legal guardians have two years from when they discovered or should have discovered the malpractice to file a lawsuit on behalf of a child if they are under eight years old. The statute of limitations for medical malpractice claims for minors can be very confusing. The best way to protect your child’s legal rights is to contact a Gainesville medical malpractice lawyer as soon as possible if they suspect malpractice caused their child’s injuries.
What Damages Can I Receive for a Medical Malpractice Lawsuit in Gainesville, FL?
Medical errors and negligence can cause severe injuries and significant losses. You may sustain a life-altering impairment that requires ongoing personal and/or nursing care. You may be unable to return to work or earn the same income you did before the medical malpractice.
Damages in a medical malpractice case include economic and non-economic damages. You may receive damages for:
- Pain and suffering
- Scarring and disfigurement
- Past and future medical bills and expenses
- Long-term care
- Emotional distress and mental anguish
- Past and future lost wages and benefits
- Impairments and disabilities
- Rehabilitative therapy, including physical and occupational therapies
- Diminished quality of life
- Reduced earning capacity
- Loss of enjoyment of life
- Out-of-pocket expenses
Our Gainesville medical malpractice lawyers work with experts to gather evidence proving the extent of your damages. We fight to obtain the maximum amount available for your medical malpractice claim.
How Much Is My Medical Malpractice Case Worth?
The circumstances and facts of your case determine how much your case is worth. Numerous factors are used to calculate the value of your damages. Factors include:
- The type of injuries the malpractice caused
- The extent of your injuries
- The length of your recovery period
- Whether you sustained permanent impairments or disabilities
- The evidence proving malpractice or negligence
- Whether you can work or earn the same level of income you did before the injury
- The amount of your monetary losses
- The level of scarring and disfigurement
We analyze each factor to determine how it impacts the value of your case. Generally, the value of damages increases as the severity of your injuries increases.
Before you can recover compensation for damages, you must prove that the medical provider caused your injuries. Proving medical malpractice requires you to establish the standard of care that should have been used in your case. Then, you must prove that the doctor failed to meet the standard of care. You must also prove that you sustained harm and damages because of the malpractice.
Proving medical malpractice is challenging. There are more requirements than a typical personal injury case. Therefore, skilled legal representation gives you a better chance of winning your case.
Schedule a Free Consultation With Our Gainesville Medical Malpractice Lawyers
If a medical provider caused you harm, you deserve to be compensated for your damages. However, your time to file a claim is limited. Call Allen Law Accident & Injury Lawyers today at (877) 255-3652 to schedule your free case evaluation with a Gainesville medical malpractice attorney.
