Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.
(877) 262-9767 for a confidential consultation.
Florida
- SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years
- SOL for Medical Malpractice Claims (Parental Claims): 2 years
- SOL for Wrongful Death Claims: 2 years
Florida Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
8 years: Fla. Stat. § 95.11: 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
Florida Statute of Limitations for Medical Malpractice Claims (Parental Claims)
2 years: Fla. Stat. § 95.11(4)(b): An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident.
Florida Medical Malpractice Claim Caps
Not applicable for the state of Florida.
Florida Statute of Limitations for Wrongful Death Claims
2 years: Fla. Stat. § 95.11(4): An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.
Florida Wrongful Death Claim Caps
Not applicable for the state of Florida.
The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.
Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.