Florida medical malpractice claims are generally subject to a two-year statute of limitations and a four-year statute of repose. The two-year period generally begins when the incident occurred or when the incident was discovered—or should have been discovered through reasonable diligence. Florida law provides limited exceptions, including a longer period when fraud, concealment, or intentional misrepresentation prevented discovery of the injury. Claims involving minors and certain other circumstances require additional analysis.
Key Takeaways
- The general Florida malpractice limitations period is two years.
- The two-year period can begin when negligence is discovered or reasonably should have been discovered.
- A four-year statute of repose generally creates an outside deadline.
- Fraud, concealment, or intentional misrepresentation may extend the outside period in limited circumstances.
- Florida requires presuit investigation before filing a lawsuit.
- A notice of intent and verified medical expert opinion ordinarily must be served before suit.
- Serving notice can affect the limitations calculation, but it does not justify waiting until the deadline is near.
- Wrongful death, minors, government defendants, and birth injury claims may involve additional rules.
This article provides general information and is not legal or medical advice. Whether malpractice occurred depends on the applicable standard of care, medical records, expert opinions, causation, damages, presuit compliance, and filing deadlines. Reading this article does not create an attorney-client relationship.
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