Is there a different statute of limitations for Florida medical malpractice cases involving children?

There are strict time limits for medical malpractice cases in Florida, and it is important to understand how they work, as well as the special time limits for children’s cases.

Unlike the four-year statute of limitations for personal injury cases, a Florida medical malpractice case must be filed within two years of the time when the patient (or the patient’s parent or guardian) knew or should have known that the injury occurred and that it may have been caused by medical malpractice.

The fact that the time limit does not start until the patient knows of or should have known of the injury is favorable to injured people, but it is further limited by the statute of repose, which states that no medical malpractice lawsuit may be filed against a health care provider more than four years after the incident, regardless of when the patient learned of the injury. In cases where fraud or concealment can be proven, this can be extended to seven years.

The special consideration in children’s cases is that the statute of repose cannot act to cut off a claim before a child’s eighth birthday. However, it should be noted that the two-year statute of limitations from when the patient knew or should have known of the injury still applies.

These time limits can be complex, so it is highly recommended that any injured party consult with an attorney as soon as possible.

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