Is there a time limit on when I can file a pharmaceutical negligence lawsuit?

Yes. With regard to any lawsuit, it is very important to understand the statute of limitations, which is the time limit that one has to file a claim. For a pharmaceutical negligence claim, the statute of limitations is two years. This is less than the general statute of limitations for personal injury claims, which is four years. This is because there are additional limitations on claims for professional malpractice, such as those against doctors and pharmacists.

Usually, the statute of limitations does not begin to run until the injured person knew or should have known that the injury occurred and there was a reasonable possibility that it was caused by malpractice. However, Florida also has a strict rule known as a statute of repose, which states that unless there is misrepresentation, fraud or concealment, a healthcare provider may not be sued more than four years after the actual incident of malpractice, under any circumstances.

Statutes of limitations and statutes of repose can be complex, and one should not delay consulting with an attorney in any case. There are other reasons why an attorney may recommend quick action to protect one’s rights.

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