What Is The Statute of Limitations for Medical Malpractice?
In the state of Florida, medical malpractice suits are some of the highest in the nation. These are cases brought against a physician or caregiver by patients seeking damages. Filings usually involve injury caused during care and can range in severity.
Patients injured due to negligence or wrongdoing by a physician or practitioner have legal options, but only for a specific length of time. Different states have different time periods during which patients can file a case, and some have caps on damages.
Today, we’re looking into the sometimes confusing rules that govern when you can seek compensation for medical malpractice in Florida.
What exactly is a statute of limitations for medical malpractice?
Regarding cases involving medical malpractice in Florida, most medical malpractice cases have a two-year statute of limitations. This means injured parties have two years from the date of discovery to file a case against the party responsible. While this provides enough time for due diligence by legal counsel, it’s not always enough.
However, this isn’t a hard and fast rule, and several loopholes provide more time to plaintiffs. You’ll also notice that we discussed “discovery” instead of when the injury or neglect occurred. Let’s take a moment to unpack that for you.
Why is there a discovery rule?
Some cases involve injuries that aren't immediately discoverable. Because it took time for the patient to realize or the practitioner concealed or lied about the issue, you’ll have some leeway. If the case doesn’t involve misconduct, the patient has another two years to file. But if there’s evidence of fraud or concealment, they get up to six years to file.
Regardless of the circumstances, there’s a seven-year cap after discovery on filing cases.
Why was this law created?
At its core, the law protects defendants from constant malpractice lawsuit threats over an indefinite period. However, it also ensures that there are reliable witnesses in the case. Beyond that, over time, the quality of evidence declines. And, in some cases, there’s less direct correlation between the injury and the action years after the incident.
What happens if the statute of limitations has expired?
It’s vital for you to file a medical malpractice case as soon as possible after the discovery of the injury. Speak with a medical malpractice attorney immediately for legal advice if you’re unsure about your case.
Once the state statute of limitations has passed, which, as we mentioned, is seven years in some cases, you’ve exhausted the time limit.
After that, defendants can simply file a motion to dismiss the case, and the court will likely grant it. The law is designed to give you as many opportunities to file during the allowable period. If you don’t, you’ll lose your ability to seek compensation.
What affects the statute of limitations for medical malpractice
The standard statute of limitations for medical malpractice in Florida is two years. Unless there are special circumstances, you’re bound by this timeline. But a few factors can offer more time for you to file.
What was the age of the victim?
Cases involving minors have their own timeline. Many times, injuries aren’t immediately apparent in children, so it can take years to discover the issue. The seven-year window doesn’t apply if the injured party is under eight. Victims over that age are subject to the same statute of limitations as adults.
Was there fraud involved in any way?
When a doctor tries to hide what happened, that counts as fraud in a medical malpractice case. Florida provides an additional two years from discovery for a total of six years. Again, the total time from discovery can’t exceed seven years overall.
Malpractice cases have unique circumstances, so medical malpractice attorneys are your best resource for questions.
The type of damages that are being sought
Medical malpractice cases usually seek two types of damages: economic and non-economic. The first refers to lost wages and the cost of medical care necessary to restore the patient. Non-economic damages are things like pain and suffering and emotional distress.
In 2017, Florida statutes struck down laws limiting how much plaintiffs could seek in these cases.
How to prepare for a statute of limitations for a medical malpractice case
When you or your loved ones are the victims of medical malpractice, there are some things you can do to prepare for your case. From gathering physical evidence to detailing communications, each piece helps flesh out what happened. More importantly, it helps determine who’s responsible.
Make sure the injury is defined and clear
You need as much information about your injury as you can gather. This process should include seeking input from other healthcare providers. They can diagnose your injury and detail the issues caused by the malpractice.
Understand causation if claiming medical malpractice
Not every injury resulting from medical care falls into medical malpractice. If your provider ethically did everything they could but didn’t achieve the desired outcome, you probably don’t have a case.
But if there’s clear causation between their actions and your injury, and they weren’t acting ethically or appropriately, you may.
A standard of care must be established, usually by another medical professional, that outlines how medical providers should treat the issue. Then, you’ll have to prove that your doctor didn’t follow that standard and caused the injury.
Hire a lawyer with medical malpractice experience
Many law firms specialize in medical malpractice claims. You’ll want to work with an attorney with this type of experience in your case for the best outcome. They’ll likely have established relationships with experts and other resources necessary for your success.
Busciglio Sheridan & Schoeb is here to help with any medical malpractice case!
When you’ve suffered at the hands of medical professionals, you deserve compensation. Busciglio Sheridan & Schoeb are here to help! With decades of experience in the Florida legal system, our team is dedicated to helping make you whole.
Contact us today if you think you’ve been the victim of medical malpractice.