Florida Medical Malpractice Statute of Limitations - Their Effect on You

The law in each state, and some federal laws, dictates the statutes of limitations for various legalities such as the amount of time you have to file a lawsuit for medical malpractice. In Florida, you generally have two years from the time of injury to file a medical malpractice claim. Contacting an experienced attorney is imperative if you believe you or your loved one has been injured due to the negligence of a medical professional.

Never underestimate the amount of time it will take to prepare for filing a claim. Most lawyers do not want to only have a month or two to investigate a potential case. The medical malpractice attorneys at Oldham & Smith want to be able to develop the most substantial case to present in order to get the monies you deserve. The sooner you contact us, the better we can help you.

One of the only exceptions the Florida’s two-year statute of limitations is if you or your family are somehow unaware of the injury or defect from a medical procedure, medication or treatment within the two-year time frame. Delayed reactions that cause pain, suffering or sickness after a two-year period has passed may still qualify for medical malpractice. However, Florida has a strict rule, known as the statute of repose that states that no claim can be filed against a healthcare provider more than four years after the actual incident of malpractice unless fraud, concealment or misrepresentation can be proven on behalf of the healthcare provider.

There are special requirements if your case is going to involve a Florida State Agency or a Veterans Administration Hospital or Clinic.

The effect that Florida Medical Malpractice Statute of Limitations has on you can be debilitating if you fail to act in a timely manner. The specialized Medical Malpractice Attorneysat Oldham & Smith know the stipulations and intricacies of Florida law. We want to be your best advocate and help you for the present and the future. Contact us today for a free consultation.


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