Did a medical provider cause you or your family member injury or harm? If so, you may have a medical malpractice case against the provider. However, you must file your claim before the statute of limitations expires or lose your right to pursue a claim in court.
Our Jacksonville medical malpractice lawyers at Baggett Law Personal Injury Lawyers have more than a century of combined experience. We have a proven track record, winning millions in verdicts and settlements for our clients. For more than 12 years, we have fought for the rights of injured victims and their families in Jacksonville, FL.
Contact Baggett Law Personal Injury Lawyers or call us at (904) 396-1100 to schedule a free consultation with one of our Jacksonville medical malpractice attorneys.
How Our Jacksonville Medical Malpractice Lawyers Can Help You With Your Medical Malpractice Claim
Medical malpractice cases are complex personal injury claims. If your doctor or other healthcare professional injured you because of medical errors, negligence, or malpractice, you should seek legal advice as soon as possible.
Our Jacksonville medical malpractice lawyers have received numerous awards and top ratings from national legal organizations, including Super Lawyers, Avvo, The National Trial Lawyers, and Florida Trends Legal Elite. Additionally, our Jacksonville, Florida attorneys hold the highest peer rating from Martindale-Hubbell and received the Martindale-Hubbell 2021 Platinum Client Champion Award.
When you hire us, you can trust we will:
- Investigate the claim to determine what caused your injuries
- Work with leading medical experts to identify the medical standard of care and how the doctor deviated from the standard
- Document your economic and non-economic damages to establish how much your medical malpractice case is worth
- File insurance claims and handle all matters with the insurance company
- Negotiate a settlement that compensates you fairly for your injuries
- File a lawsuit and take your medical malpractice case to trial if necessary
If you have questions about your medical malpractice case, call Baggett Law Personal Injury Lawyers to schedule a free case evaluation.
What Is the Statute of Limitations in Florida?
States set a statute of limitations for personal injury and medical malpractice cases filed in their state. The statute of limitations is a deadline for filing a lawsuit. A judge can dismiss the case if a lawsuit is filed after the statute of limitations expires. The judge is not required to consider the case’s merits if the lawsuit was filed after the filing deadline expired.
Florida sets statutes of limitations for medical malpractice cases for several reasons. A deadline for lawsuits forces parties to act within a reasonable time to pursue a court case. It helps ensure that both parties can access evidence to build their case.
A statute of limitations also helps cases move through the courts promptly. The statute also prevents parties from threatening a lawsuit indefinitely.
Florida has a two-year statute of limitations for medical malpractice lawsuits, beginning with the date of the malpractice. However, the statute of limitations provides exceptions that could change the filing deadline for some cases.
Statute of Response for Medical Malpractice Cases in Florida
Florida has a statute of repose that may extend the statute of limitations for some medical malpractice cases. A patient has two years from the date they discovered or should have reasonably discovered the injury to file a medical malpractice lawsuit.
However, the statute of repose does not extend the deadline to file a medical malpractice indefinitely. The law requires that a medical malpractice lawsuit be filed no more than four years from the date of the malpractice, regardless of when you discovered your injury.
Statute of Limitations for Medical Malpractice Cases Filed on Behalf of Minors
Medical malpractice cases filed for minors have different rules for the statute of limitations. The four-year statute of repose deadline may not apply in medical malpractice cases filed for a minor when the child is under eight years old.
However, the two-year deadline applies. The two-year deadline for a minor’s medical malpractice begins when a parent or legal guardian knew or should have known about the malpractice. Contact a lawyer immediately to protect your child’s rights after being harmed by a medical provider.
Statute of Limitations for Medical Malpractice Cases Involving Concealment, Fraud, or Misrepresentation
The law extends the time to file a medical malpractice when a medical provider used concealment, fraud, or misrepresentation to keep the patient from discovering their negligence or malpractice.
A person has up to seven years from the malpractice date to file a medical malpractice lawsuit. However, the two-year statute of limitations applies, so you only have two years after discovering the injury to file a lawsuit.
Schedule a Free Consultation With Our Jacksonville Medical Malpractice Lawyers
Determining the statute of limitations for a medical malpractice case can be challenging. The best way to protect your right to file a lawsuit is to seek legal advice when you suspect malpractice caused you harm.
You don’t have to fight the insurance company and your doctors for compensation alone. Call Baggett Law Personal Injury Lawyers to request a free case review with one of our Jacksonville medical malpractice lawyers. Let us help you recover the compensation you deserve.
