Medical Malpractice Statute Of Limitations In Florida (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
- What Is the Statute of Limitations for Medical Malpractice in Florida?
- Florida's Discovery Rule for Medical Malpractice Claims
- Exceptions to Florida's Medical Malpractice Statute of Limitations
- Medical Malpractice Claims Involving Minors
- Tolling the Statute of Limitations in Florida
- Additional Deadlines and Pre-Suit Requirements for Florida Medical Malpractice Cases
- What Happens if You Miss the Medical Malpractice Deadline?
- Get Matched With a Florida Medical Malpractice Lawyer Today
Summary
- You usually have two years to file a medical malpractice claim in Florida
- There are exceptions for minors and those with mental incapacities
- Florida can toll the timeline for specific circumstances, like concealment
If you have suffered harm at the hands of a healthcare provider in Florida because their care fell below the expected standard, you may be entitled to begin a medical malpractice claim. These legal processes allow you to hold the provider responsible for your medical bills, lost wages and emotional suffering.
As with other types of personal injury claims, there are filing deadlines that you must meet to be able to receive compensation, though. Understanding the medical malpractice statute of limitations in Florida and its exceptions can help protect your claim.
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What Is the Statute of Limitations for Medical Malpractice in Florida?
The medical malpractice statute of limitations in Florida is typically two years. The clock starts running the moment that the provider breaches their duty of care and malpractice occurs.
Although it can seem like one more hurdle in an already difficult process, the statute of limitations is vital. It ensures that claims are brought forward in a timely manner and when there is still evidence available. These deadlines also prevent the court system from being overwhelmed by older claims.
Statutes of limitations serve to protect defendants and plaintiffs alike, since they prompt fast action to help achieve the fairest legal results.
Florida's Discovery Rule for Medical Malpractice Claims
In some instances, you may not realize that you suffered an injury until time has passed. If that’s the case, you might miss the medical malpractice statute of limitations in Florida.
This is where the discovery rule comes in. If you can demonstrate that you only learned of the injury later and that you discovered it in a reasonable amount of time, then the discovery rule might apply.
This rule gives you two years from when you discovered the injury. You should not assume that this extension applies to your claim, however. Always consult with a Florida personal injury lawyer to avoid missing your chance to receive compensation.
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Exceptions to Florida's Medical Malpractice Statute of Limitations
There are some exceptions to the medical malpractice statute of limitations in Florida. One of them is fraudulent concealment.
If the medical professional tried to hide the harm they caused you, the timeline you have to file a claim against them could be extended. You could have up to two years from when you discovered the injury, with the statute of repose extending to seven years from the malpractice.
The statute of repose is the maximum amount of time available for beginning these claims.
Medical Malpractice Claims Involving Minors
For medical malpractice claims involving minors, the usual deadline of two years from when the injury is discovered generally applies. However, the statute of repose is extended until the child’s eighth birthday. This is especially important for birth injury cases, when developmental issues may not be apparent until the child is older.
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Tolling the Statute of Limitations in Florida
You may also be able to toll the statute of limitations in Florida if the plaintiff is an incapacitated adult. The tolling continues until the disability or incapacity is resolved.
The same is true if the defendant leaves the state before you file the claim. It would be impossible for you to serve them with the lawsuit, in that case. The moment they step back into the state, the clock starts running again.
Additional Deadlines and Pre-Suit Requirements for Florida Medical Malpractice Cases
The medical malpractice statute of limitations in Florida is also tolled during the mandatory 90-day pre-suit investigation. Once the defendant sends a rejection of claim letter, you will usually have 60 days to file a suit from the date of receipt of that rejection.
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What Happens if You Miss the Medical Malpractice Deadline?
If you miss the medical malpractice filing deadline, your claim will typically not be accepted. The defendant’s attorneys will likely file to have the case dismissed, and if the courts do so, you will not be able to receive any form of compensation.
That’s why it’s so important to contact a lawyer as soon as possible if you suspect you’re a victim of medical malpractice.
Get Matched With a Florida Medical Malpractice Lawyer Today
If you have sustained injuries because of a healthcare provider’s misconduct, you may be able to file a claim against them to recover your losses. Because these claims involve difficult processes that often require access to expert witnesses, it’s essential not to attempt one without legal assistance.
At ConsumerShield, we can match you with an experienced and dedicated attorney in your area. Contact our team to learn more about our services today.
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Frequently Asked Questions
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You can receive economic damages that cover your medical expenses, including future care, and your lost income. If you can’t return to work because of the severity of the injuries, you can also receive compensation for your loss of earning potential. Non-economic damages address your pain and suffering.
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No. For an injury to be considered medical malpractice, you must demonstrate that the defendant offered substandard care. If another professional would not have made the same error that led to your injury, then you may be able to file a claim.
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The provider who failed to offer the accepted standard of care is one of the parties you will usually file against, but there could be others. If the provider is an employee of a clinic or hospital, you may be able to hold the facility responsible for your losses, too.
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Florida medical malpractice lawyers work on contingency. This means you don’t pay any upfront fees. Instead, the lawyer receives a percentage of your winnings. The exact percentage will depend on the lawyer and the case’s complexities.
