What Is the Statute of Limitations for Medical Malpractice in Florida?
In Florida, the statute of limitations for medical malpractice is generally 2 years under Fla. Stat. § 95.11(5)(c).
Medical malpractice Deadlines in Florida
How long do you have to file a medical malpractice claim in Florida?
In Florida, the statute of limitations for medical malpractice is generally 2 years under Fla. Stat. § 95.11(5)(c).
When does the clock start for medical malpractice in Florida?
Generally two years from the incident or discovery / when it should have been discovered, subject to statutory outer limits.
Can the Florida deadline for medical malpractice be extended?
The statute contains a four-year outer limit in many cases and special provisions for fraud, concealment, intentional misrepresentation, and minors.
Is the deadline different if the claim is against the government in Florida?
Often, yes. Written claim generally presented within 3 years under Fla. Stat. § 768.28(6)(a). Section 768.28 contains written-presentment and denial conditions before suit, with different provisions for certain claims including wrongful death and contribution. Verify the current statutory text for the specific governmental defendant and claim.
How does Florida compare to other states for medical malpractice?
Florida's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Florida:
