Credit: Vitalii Vodolazskyi/Adobe Stock Credit: Vitalii Vodolazskyi/Adobe Stock

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The Two-Year Statute of Limitations

Florida Statute 95.11(5)(c) states that a medical malpractice action must be brought within two years of the date the malpractice occurred, or within two years of when the malpractice should have been discovered with the exercise of reasonable diligence. The second part of that provision comes into play when grounds for malpractice may not be immediately apparent to the patient. One example of this would be a patient who undergoes surgery and foreign object is left behind, but the patient does not learn of the retained object until a year after surgery.