Florida’s Medical Malpractice Statute Of Limitations

Medical malpractice


Medical malpractice cases are inherently more complicated since the statute of limitations is influenced by a wide range of factors. If a medical professional causes you harm, you generally have two years to submit a claim from the date of the harm. However, the court may toll the statute of limitations if you are unable to determine the damage within 2 years.  For instance, if a surgical team forgets to remove an sponge during an operation, you might not find it for days, weeks, or even months after the initial surgery.

The statute of limitations in this situation would likely begin on the day the patient discovers the harm.  Never attempt to determine the statute of limitations on your own as every medical malpractice situation is different and failure to serve a notice of intent or lawsuit within the applicable time period could and most likely will serve to bar your claim.


If you believe you are a victim of medical malpractice, consult with an attorney immediately to determine the appropriate statute of limitations for your claim.

Call The Farber Law Firm at (305) 774 0134 for a Free Initial Consultation.

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