Credit: Vitalii Vodolazskyi/Adobe Stock 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.Fla.'s Statute of Limitations and Statutes of Repose in Med Mal Cases: It's Not Over Until It's Over
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.
November 06, 2024 at 10:55 AM
6 minute read
Board of Contributors
Credit: Vitalii Vodolazskyi/Adobe Stock
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.
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