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Tampa Personal Injury Blogs from January, 2021

Florida Medical Malpractice Lawyer – What Are The Time Limits Within Which You Are Required to Bring a Medical Malpractice Claim


One of the most important issues in determining whether a healthcare provider or medical facility may have potentially committed medical malpractice is first determining the date of incident or occurrence. Most people are surprised to learn that medical negligence cases in Florida have a shortened timeframe in which to bring a potential medical malpractice claim. More commonly referred to as the Statute of Limitations, “an action for medical malpractice shall be commenced within two (2) 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 this four (4) year period shall not bar an action brought on behalf of a minor on or before the child’s eight birthday”. See Section 95.11(4)(b), Florida Statutes. Our Tampa Medical Malpractice Lawyers frequently litigate a variety of medical malpractice cases throughout the Tampa area.

When considering whether you or a loved one may have a potential medical malpractice case against a healthcare provider, hospital or healthcare facility, it is extremely important to do so as quickly as possible to avoid any issues with the restricted timeframe. There are several things that can take time in determining whether or not you may have a medical negligence case such as obtaining medical records, setting up an Estate or obtaining an autopsy.

Our medical malpractice lawyers routinely handle all aspects of medical negligence and wrongful death cases throughout Florida, including Hernando County, Hillsborough County, Pasco County, Pinellas County, Lee County, Manatee County, Polk County, Orange County and Sarasota County. Should you have any questions regarding a potential medical malpractice claim, please contact us, your Tampa Personal Injury Lawyers.

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