Florida law imposes time limits – called the Statute of Limitations – as to when a plaintiff must bring their medical malpractice case against a health care provider. The Statue of Limitations in Florida is governed by Section 95.11(4)(b), Florida Statutes.
Section 95.11(4)(b), Florida Statues provides that an action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred, or within two (2) years from the time the incident is discovered or should have been discovered with the exercise of due diligence. However, in no event shall the action be commenced later than four (4) years from the date of the incident or occurrence out of which the cause of action accrued, except that the four-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
Section 95.11(4)(b) also provides that in those actions where it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended two (2) years from the time the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed seven years from the date of the incident giving rise to the injury, except that the seven-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
The Statute of Limitations is complex, and the operation of the Statute of Limitations to bar a case is based largely on the facts of each individual case. However, you should consult with an attorney immediately if you think your potential claim could possibly have a Statute of Limitations problem.