Injured By Medical Malpractice? There's A Time Limit To File A Lawsuit

Date Posted:

July 24, 2018

Post Author

Andres Beregovich

The realization that you’ve been injured as a result of the medical care you received can lead to many feelings: shock, anger, frustration, and sadness. One thing it should also compel you to feel is determination. If you suspect that you have a medical malpractice situation on your hands, the very last thing you want to do is sit and stew on it or wait and see if the injury resolves itself.

Statute of Limitations and Statute of Repose

All Florida medical malpractice cases are subject to a statute of limitations. This statute establishes a time limit under which a medical malpractice claim can be made. Each state has different laws, but in Florida the statute of limitations for medical malpractice claims is just two years from the time the patient was injured, knew or should have known that an injury occurred and that medical malpractice was to blame.

Two years is not a long time. How many of us have lived with a lingering pain, telling ourselves it wasn’t that bad or we were just taking longer to recover than expected? Before you know it, a year has come and gone and you’re still suffering. If you wait too long, the statute of limitations will have passed and you will have missed your chance to recover damages from the healthcare provider to compensate you for your injuries. In addition, your delay in bringing a claim could mean that other patients suffer the same fate.

Even more limiting to patients is the Statute of Repose. The Statute of Repose states that unless there are extenuating circumstances, healthcare providers cannot be sued for medical malpractice more than four years after the incident occurs. That means that patients must realize within four years after the incident occurred that they have been injured due to medical malpractice and take action to file a lawsuit. If a patient misses this 4-year deadline, he or she won’t ever be able to file a medical malpractice lawsuit for that specific incident.

The time limits on medical malpractice cases make it important for patients to meet with a medical malpractice attorney as soon as they realize they have been injured.

Contact The Beregovich Law Firm If You Suspect Medical Malpractice

Building a medical malpractice case takes time. Fortunately, you only have to file the claim within two years of the injury. Once the claim has been filed, you will have additional time to collect evidence and build your case with the help of a medical malpractice attorney.

If you live in Florida and think you may have a medical malpractice claim, contact The Beregovich Law Firm to arrange a consultation. Our Florida medical malpractice attorney will review the evidence and help you file a claim if there is a basis.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to arrange a consultation.