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What is the Time Limit For Filing A Medical Negligence Claim?

The Statute Of Limitations In Florida Medical Malpractice Cases

There is a deadline for filing a medical malpractice lawsuit in Florida. This deadline is called a statute of limitations. It establishes the time period in which a medical malpractice claim must be filed, and if not met, you may be denied the chance to recover from the doctor, nurse or hospital that caused your injury.

If you think you or a loved one has been seriously injured by a medical mistake, contact the Miami law firm of Freidin Dobrinsky Brown & Rosenblum, P.A. today to schedule a free consultation with one of our experienced medical malpractice lawyers. We can investigate what went wrong at the doctor's office or hospital, explain the process of filing a medical negligence claim and make sure that your medical malpractice lawsuit is filed within the allowed time period.

Even If A Lawsuit Is The Last Thing On Your Mind, Talk To A Lawyer About Your Options

In Florida, you generally have two years from the date you discovered or should have discovered that a medical mistake caused serious injury to file a medical malpractice lawsuit. Every state sets its own time limit for filing medical negligence claims; do not rely on time frames that you may have heard of in other states.

Do not wait until the last minute to contact a Miami medical malpractice attorney. To build a solid malpractice case that will allow you to recover full compensation, your Miami lawyer will need time to:

  • Investigate what went wrong and who is at fault
  • Determine whether what went wrong was actually medical malpractice
  • Locate a doctor or surgeon who will testify that you received substandard care, resulting in your injuries
  • Prepare all necessary paperwork to file your malpractice lawsuit
  • Give proper notice to any government-, state- or county-run health facility that may be involved in your lawsuit

Even if you aren't sure that you want to file a lawsuit against the doctor, surgeon or hospital responsible for your injuries, you should talk to an experienced medical negligence lawyer to at least discuss your options and learn what the statute of limitations is in your circumstances.

Florida also has what is called a "statute of repose." This law essentially bars, with some exceptions, any medical malpractice lawsuit that is filed four years after the date the medical mistake occurred. There are some exceptions to these two- and four-year bars on filing a medical negligence lawsuit; if you have questions about whether you are too late, you should still contact a Florida malpractice attorney.

Contact Our Miami Medical Malpractice Attorneys

Investigating a medical mistake can take a substantial amount of time. At Freidin Dobrinsky Brown & Rosenblum, P.A., our attorneys have more than 90 years of combined experience pursuing full compensation for those who have been seriously injured by others. We also have nurses on staff to assist with our medical malpractice cases.

We offer a free initial consultation at any of our three South Florida offices and welcome your call or email to schedule a meeting with one of our medical malpractice attorneys today.

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