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Can I still file a medical malpractice lawsuit?

by | Jun 15, 2021

It depends on when the malpractice occurred.

In general, Florida has a two-year statute of limitations for medical malpractice. But, because medical injuries are not always apparent at first, the two-year timeclock starts from either the occurrence or the discovery of the injury. At most, however, a victim has four years from when the malpractice occurred to initiate a medical malpractice lawsuit.

There is one exception to this rule: Fraud. If the healthcare provider intentionally hid their medical malpractice from you, the statute of limitations is two years from the discovery of the injury or seven years from the occurrence of the medical error.

Finally, the two-year statute of limitations for medical malpractice cases does not apply to minors. Also, if the malpractice resulted in a wrongful death, the two-year wrongful death statute of limitations comes into effect.

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