You have a limited amount of time to file a lawsuit for damages after any type of accident. Medical malpractice claims are no different. Every state sets its own rules when it comes to establishing these deadlines and time limits.
If you have been hurt in an accident involving medical malpractice in Florida, you need to know the details of the statute of limitations. The rules can vary depending on the specific facts of your case. Keep reading below to learn more about the time limit for filing a claim and potential exceptions to the rule.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
Florida law generally allows victims of medical malpractice to file a lawsuit for damages two years from the date of the alleged malpractice. In some cases, medical malpractice might not be immediately apparent.
Under those circumstances, the action should be brought within two years from the time the malpractice was apparent or should have been apparent—but no later than four years from the date of the original incident.
Examples of How Florida’s Medical Malpractice Statute of Limitations Applies
Imagine that you are scheduled for an amputation surgery. Instead of removing your right leg, the surgeon removes your left leg. This mistake would be immediately apparent and would likely be a legitimate reason for a medical malpractice lawsuit. You would have two years from the date of the surgical error to file a lawsuit.
On the other hand, imagine that you arrive at the emergency room complaining of abdominal pain and unexplained weight loss. Without conducting any further tests, the doctor diagnoses you with a stomach virus and sends you home. It is later discovered that you have cancer, and the delayed diagnosis leads to metastasis and an early death. This cancer misdiagnosis was not immediately apparent, but it might be a reason for a medical malpractice lawsuit once the mistake becomes known.
In this case, you could have up to two years from the date the error was discovered or should have been reasonably apparent. However, your claim must still be filed within four years from the date of the original misdiagnosis in the emergency room.
Exceptions to the Medical Malpractice Statute of Limitations
There are a few things that can cause the statute of limitations for medical malpractice claims to be different than the general rule. For instance, the rule is different if your case involves fraud or concealment.
Victims have up to two years from the date that the fraud or concealment was uncovered to file their lawsuit. However, even when fraud or concealment is present, your lawsuit must be filed no later than seven years from the original incident date.
The rules are also different when a child is involved. For children injured by medical malpractice before their 8th birthday, a lawsuit may be filed any time up to their 8th birthday. Laws are in place to help protect children who are involved in accidents, so they may be given additional time to discover injuries and file related claims.
If your child is involved in a medical malpractice accident, you should contact an experienced medical malpractice lawyer as soon as possible.
Penalties for Missing the Filing Deadline
You may be wondering what happens if you miss the filing deadline for your medical malpractice lawsuit. The answer is that you may lose all your rights to recover any compensation for your injuries. If you file a lawsuit after the deadline, the defendant will likely ask the judge to throw your case out. The judge will likely agree, and your case will be dismissed.
Additionally, this affects your ability to obtain a settlement from the insurance company as well. Without the threat of a lawsuit, the insurance company is not likely to offer you any compensation in the form of a settlement. So, missing the filing deadline usually means you will not receive compensation for your damages.
Damages Available to Medical Malpractice Victims
Victims of medical malpractice may recover both economic damages and non-economic damages. You may be entitled to recover compensation for new injuries caused by the malpractice as well as the worsening of existing conditions. Some common damages available in these cases include:
- Medical bills
- Cost of additional medical treatments
- Lost wages (current and future)
- Pain and suffering
- Emotional distress
- Reduction in quality of life
- Loss of earning capacity
- Loss of consortium
- Depression
- Anxiety
Proving the value of your damages can be done through medical bills, medical records, pain journals, and other evidence used to show both your financial and intangible losses.
Schedule a Free Consultation With a Jacksonville Medical Malpractice Lawyer
If you believe you may have a medical malpractice claim in Jacksonville, Baggett Law Personal Injury Lawyers is here to help. With more than 100 years of combined legal experience helping injury victims, we have a thorough understanding of Florida’s medical malpractice laws. Let us help you get the justice you deserve by holding the doctor or hospital accountable for your injuries.
Contact us or call (904) 396-1100 to schedule a free consultation with our Jacksonville medical malpractice attorneys.
