Filing a lawsuit in the state of Florida with regard stop medical malpractice does carry a statute of limitations of two years.  This can be a confusing topic if you are attempting to file a lawsuit, especially if your medical issues were not noticed until a period of time beyond two years.  As a law firm in Florida, we are familiar with clients needing, and deserving, to file a medical malpractice claim but not understanding the statute of limitations.  This is why we put this blog together to answer the burning question, what is the statute of limitations for medical malpractice?

What Is A Statute Of Limitations?

A statute of limitations specifically refers to the amount of time that is allowed, under state law, to recover for certain claims.  The state of Florida specifically has a two year statute of limitations when it comes to medical malpractice claims.  This means that if you believe that you have experienced a medical malpractice situation, you only have two years to file a claim under the law.  Once the two years runs out, it is no longer a legal possibility to file a claim for medical practice.

What Constitutes As Medical Malpractice?

As those who hold positions as medical professionals, the standard of care owed a patient is that of any other medical professional in a similar situation.  That being said, there is no one standard of care, but instead, the standard is measured by what is the custom of most medical professionals given the same conditions.  If this standard of care its not met, then it is fairly safe to assume that a medical malpractice lawsuit might be a possibility.  Medical malpractice lawsuits are taken seriously, however the burden of proof is still on the victim to prove that the medical professional conducted themselves in a way that breached their duty of care.  

Filing a lawsuit with regards to medical malpractice can seem like an intimidating experience.  Please don’t hesitate to contact our office with any questions you might have.   We are highly experienced when it comes to defending clients against medical malpractice claims, and we want to help you too.