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Tampa Personal Injury Blogs from May, 2015

Florida Statute of Limitations for Medical Malpractice Claims


The statute of limitations for medical malpractice cases is a set legal deadline for which an individual is allowed to file a lawsuit. The amount of time an individual has to file can vary from state to state, but no matter what state you are in, once the deadline passes a lawsuit can longer be filed and will immediately be thrown out. While some states allow the statute of limitations to be postponed when a child under 18 years of age is injured, Florida is NOT one of those states.

What is the statue of limitations in Florida?

Under Florida state law, the statute of limitations for medical malpractice cases is 2 years from when either the patient, or their legal guardian/parent, knew or should have known about their injuries happened and were caused by medical malpractice.

Florida also has what is called a statute of repose, which says that a healthcare provider cannot be sued for malpractice more than 4 years after the incident occurred, unless concealment, misrepresentation or fraud were discovered. There are a few exceptions to this rule, in cases involving malpractice to children, but it is best to speak directly with a Tampa medical malpractice attorney about your claim.

Why is it important to retain a medical malpractice lawyer right away?

If there is a possibility you could file a medical malpractice claim, get in touch with a reliable medical malpractice attorney as soon as you can. They can inform you of the exact deadline you have for you malpractice claim and begin working on a case immediately. The sooner you have a representative working on your case, the better chance there is that they will be able to gather more evidence in your favor.

Important records and files regarding your case have a higher likelihood of being lost, reduced to microfilm, or harder to locate if you wait too long. When hiring an attorney right away they can thoroughly investigate, procure necessary evidence and put together a solid case to seek maximum compensation for you and your family. It is much easier for to prove malpractice if your attorney has access to original medical records, not microfilm copies.

Free Consultation – (813) 862-1029!

Allow our Tampa injury attorneys at Mandelbaum Trichler Law Center, P.A. to investigate your claim and help you pursue financial help before the statute of limitations expires. The sooner you take action – the better.

Call our office in Tampa, FL today for qualified legal representation and a free initial case evaluation!

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