Is there a statute of limitations on medical malpractice in Florida?

For Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the discovery of the incident. Discovery means obtaining the initial information that medical malpractice took place.

How long do you have in Florida to sue for medical malpractice?

two years
For Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the discovery of the incident. Discovery means obtaining the initial information that medical malpractice took place.

What do you need to know about medical malpractice in Florida?

If someone died as a result of the malpractice, find out whether there is a potential claimant. For example, in Florida you need a surviving spouse who will live long enough to bring a claim, or a child under 25, or otherwise dependent on the decedent.

What are the crucial questions for a medical malpractice claim?

Some types of cancer have such a bad prognosis (pancreatic, small cell lung) or “good” prognosis (early Hodgkin’s lymphoma, testicular) that even a long delay in diagnosing and treating may not matter. Surgery is involved in many claims. The crucial questions are:

Are there Statute of limitations on medical malpractice?

Name, age, gender and contact information of the injured person. Date of the malpractice; date the malpractice was discovered – are you within the Statute of Limitations? Many states, like Florida, have a Statue of Limitations that begins when the malpractice event should have been discovered.

Where can I get medical records for a medical malpractice case?

You must get this information from the client himself. It is impractical to go through a stack of medical records “looking for the negligence” — that is similar to a patient asking a doctor “please fix me” without relating any symptoms.

How long do I have to file a medical malpractice claim in FL?

In Florida, a person claiming injury from medical malpractice must file a claim within two years from the date of injury or the date the injury is or reasonably should have been discovered, but no more than four years from the date of injury.

Do Florida doctors have to have malpractice insurance?

Florida doctors are not required to carry malpractice insurance. According to the law firm, if a doctor does post a sign, it might be that the doctor has had so many prior claims, the physician simply cannot afford to buy insurance because the insurance premiums got too high, or no insurance company is willing to underwrite for that doctor.

What is the discovery rule for medical malpractice in Florida?

This is known as the “discovery rule.” According to Florida state law, an action for medical malpractice is defined as “claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.”

Does Florida have medical malpractice damage caps?

Florida has no caps on economic damages that can be sought in a medical malpractice lawsuit. This means that depending on the losses you incur due to the injury, you can apply for any amount of economic damages.