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Statutes Of Limitations

Medical malpractice and wrongful death actions must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered. In no event may an action be commenced more than four years after the incident giving rise to the action, except that this four­year period will not bar an action before the claimant's eighth birthday. Even in the case of fraud, concealment, or intentional misrepresentation preventing discovery, there is a maximum period of seven years or a child's eighth birthday. A claimant's incompetency tolls the statute, but the action must be brought within seven years of the incident.

Other Florida Medical Malpractice FAQs

  • Q: Arbitration
    A: Florida does not require that medical malpractice actions be referred to an arbitrator, although judges are authorized to refer cases to non­binding arbitration. … More
  • Q: Attorneys' Fees
    A: Florida has declared that attorneys' fees in excess of the following amounts are presumed unreasonable: In cases that settle before filing an answer or appointing an … More
  • Q: Contributory Or Comparative Negligence
    A: Florida adheres to the pure form of comparative negligence.
  • Q: Collateral Source Rule
    A: Florida has held that the court must reduce a claimant's damages by the amounts paid to the claimant from collateral sources. However, the court must also receive … More
  • Q: Contribution
    A: Florida has held that joint tortfeasors are afforded a right of contribution with the exception of a settling tortfeasor, who is not entitled to contribution from a … More
  • Q: Damage Caps
    A: Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable, and the court must order a remittitur unless it … More
  • Q: Expert Testimony
    A: A claimant must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. … More
  • Q: Immunities
    A: The State of Florida and its counties, municipalities, and other political subdivisions does not enjoy sovereign immunity. The statutory waiver of immunity is limited … More
  • Q: Joint And Several Liability
    A: In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis … More
  • Q: Patient Compensation Funds And Physician Insurance
    A: Florida has established two patient compensation funds: The Florida Birth­Related Neurological Injury Compensation Plan, which is the exclusive means of obtaining … More
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