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What Is the Statute of Limitations for Medical Malpractice?

When a healthcare professional fails to meet the standard of care while treating a patient, that behavior constitutes medical malpractice. If you or a loved one received insufficient care from your doctor, you only have a certain amount of time to file a claim and prove that the clinician involved is guilty of negligent conduct. However, this statute of limitations (the maximum time you have to file a lawsuit) can change depending on where the malpractice incident occurred.

Today, we’ll shed some light on what the statute of limitations for medical malpractice is in the state of Florida—as well as the next steps you’ll need to take to pursue justice. But before we do, let’s take a moment to more clearly define this form of negligence. 

“Medical malpractice occurs when a doctor falls below the standard of care that a patient should receive—and what a reasonable physician in their specialty would do in those same circumstances,” says Marvin Ross Friedman, a leading attorney at Friedman & Friedman. There are many types of medical malpractice, which can lead to injury and even death in some cases. Here are a few common examples:

  • Misdiagnosis or failure to diagnose
  • Unnecessary surgery
  • Misreading or ignoring laboratory results
  • Surgical errors
  • Improper medication or dosage
  • Poor follow-up or after-care 
  • Failure to recognize symptoms

If you or a loved one suffered due to your doctor’s failure to correctly perform his or her medical duties, you may be entitled to significant compensation for the damages caused. However, if you fail to file your medical malpractice lawsuit within a specified period of time, the court will dismiss the case—no matter the circumstances. That’s why it’s essential to understand the statute of limitations for medical malpractice in your state. 

Statute of Limitation for Medical Malpractice in Florida

“For medical malpractice cases in Florida, the statute of limitations is within two years of when the victim knew or should have known about the malpractice incident,” states Mr. Friedman. 

In other words, you have a time limit of two years from the discovery of the malpractice to file a lawsuit. One key exception is for medical malpractice cases involving fraud, concealment, or intentional misrepresentation—which allow victims to sue up to seven years after the incident first occurred. If you’re not sure whether your case fits within the statute of limitations, it’s essential to contact an experienced personal injury attorney as soon as possible. This legal expert can help you understand exactly how much time you have left to file. 

For over 40 years, the attorneys at Friedman & Friedman have been winning justice for victims of medical malpractice across the Miami area. We can meet with you for a free, no-obligation consultation to discuss your specific situation, understand your problems, and help you determine whether you have a viable medical malpractice case. Our seasoned attorneys will be unrelenting in the pursuit of your goals as a client—and the justice you deserve.

Win Your Medical Malpractice Case with Friedman & Friedman

If you believe you or a loved one has been a victim of medical malpractice in Miami, then contact Friedman & Friedman as soon as possible. We can help you determine whether your case is still valid under the statute of limitations—and connect you with the aggressive legal representation you need to seek justice. Over the past four decades, our team has won many medical malpractice cases, resulting in hundreds of millions of dollars in settlements and verdicts for our clients.

With our winning track record and commitment to your goals as a client, Friedman & Friedman is the best legal ally for your medical malpractice case. Be sure to connect with us if you need more information on the statute of limitations for medical malpractice in Miami—and how we can support you, your family, and your cause.


Wed Jul 24, 9:00am