Florida’s statute of limitations on medical malpractice

On Behalf of | Feb 13, 2015 | Wrongful Death |

Laws vary from state to state. For example, the rules and regulations in Florida regarding traffic safety and control are somewhat different than they are in other states. The same applies to the laws that cover wrongful death cases and legal actions. While it might be difficult to understand the laws that were enacted for wrongful death lawsuits, Florida residents should be mindful of the statute of limitations.

The statute of limitations is a law that gives a certain time limit to any lawsuit that arises from accident or injury. For example, if a Florida resident wishes to file a wrongful death claim against a driver who caused a fatal car crash, the legal action should be filed within the given timeframe as indicated in Florida’s statute of limitations. The time limit may vary, depending on the type of case or procedure. However, the statute of limitations in Florida may range from two to four years.

When it comes to medical malpractice cases, or incidents arising from any form of medical error or negligence, the legal action should be filed within two years. The two-year limit starts from the time the incident resulting in the lawsuit occurred or two years from the time the medical error was discovered or was discovered through due diligence. The time limit of two to four years is specific to health care providers and people involved in providing medical treatment or services to patients.

In cases where intentional misrepresentation of the facts have prevented the discovery of the medical error, the two-year statute of limitations for a medical malpractice case would be extended for an additional two years from the time the incident was recognized.

The statute of limitations may be significant because such a law creates broad predictability and fairness when it comes to filing legal actions. Such limitations also stress the importance of filing the claims on time.

Source: Leg.state.FL.US., “Limitations of Actions; Adverse Possession,” accessed on Feb. 3, 2015


attorneys Brad Culpepper and Brett J. Kurland