One of the most common questions I hear is, “Is it too late?” In Florida, medical malpractice claims are governed by strict deadlines, and missing them can end a case before it starts, no matter how serious the injury. Here is a plain-language overview of how those deadlines work.

The Two-Year Statute of Limitations

Under section 95.11 of the Florida Statutes, a medical malpractice claim generally must be brought within two years from the time the incident occurred or from the time the incident was discovered, or should have been discovered with reasonable diligence.

That second part, often called the “discovery rule,” matters a great deal. Many patients do not learn that something went wrong until months later, when a second doctor finds a cancer that was missed or a complication is finally explained. Courts look at when you knew, or reasonably should have known, about the injury and that it may have been caused by medical negligence.

The Four-Year Statute of Repose

Even with the discovery rule, Florida sets an outer limit. In most cases, a claim cannot be brought more than four years after the date of the incident, regardless of when the injury was discovered. This is called the statute of repose.

Exceptions to the Four-Year Limit

• Fraud or concealment. If fraud, concealment, or intentional misrepresentation prevented the injury from being discovered, the period may be extended, up to a maximum of seven years from the incident.
• Young children. The four-year limit does not bar a claim brought on behalf of a minor on or before the child’s eighth birthday.

These exceptions are narrow and depend heavily on the facts, so they should not be relied on without talking to an attorney.

Wrongful Death Claims

When medical negligence causes a death, a wrongful death claim is generally subject to a two-year limit as well, which may begin on the date of death or the date the negligence was or should have been discovered. Because these cases also require the estate to be set up, families should seek advice early.

The Pre-Suit Process Affects the Calendar

Florida requires a pre-suit investigation before a malpractice lawsuit can be filed, including a written opinion from a qualified medical expert and a formal notice of intent to each provider. Sending the notice starts a 90-day period during which the deadline is tolled, or paused. Florida law also allows a one-time 90-day extension of the statute of limitations, obtained by filing a petition with the clerk of court, to allow time for the required investigation.

These tools help, but they are not a substitute for starting early. Gathering records and getting a qualified expert review can take months.

What You Should Do Now

• Write down the key dates: the treatment, when symptoms appeared, and when you first learned something may have gone wrong.
• Request your complete medical records.
• Talk with a medical malpractice attorney as soon as possible, even if you are not sure you have a case.

If you are worried about a deadline, call me at 772-238-6388 for a free, confidential consultation.

This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of each case; please contact an attorney about your situation.