When medical care goes wrong—whether due to a misdiagnosis, surgical mistake, or lack of proper treatment—it can have devastating consequences. But in Florida, victims of medical malpractice don’t have unlimited time to take legal action.
Florida law places strict time limits, known as the statute of limitations, on when a medical malpractice lawsuit can be filed. Failing to meet these deadlines can permanently bar you from recovering compensation, regardless of how valid your claim is.
This article breaks down the statute of limitations for medical malpractice claims in Sarasota and throughout Florida, including exceptions, discovery rules, and why you should act quickly to protect your rights.
What Is the Statute of Limitations in Florida Medical Malpractice Cases?
In Florida, the general statute of limitations for medical malpractice claims is:
Two years from the date the patient knew, or should have known, that the injury occurred and that it may have been caused by medical negligence.
This is governed by Florida Statutes § 95.11(4)(b).
The “Discovery Rule” Explained
Because some injuries aren’t immediately apparent, Florida’s discovery rule gives patients a reasonable amount of time to learn:
- That an injury occurred
- That the injury may have resulted from a healthcare provider’s mistake
Once that discovery happens (or should reasonably have happened), the two-year clock starts.
The Four-Year Statute of Repose
Even with the discovery rule, Florida places an absolute four-year deadline (called a statute of repose) from the actual date of the malpractice—regardless of when the injury was discovered.
So, even if you don’t learn about the injury until three years later, you still only have one year to file before hitting the four-year mark.
Exceptions to the Statute of Limitations
There are limited exceptions that may extend the time allowed to file:
1. Fraud, Concealment, or Misrepresentation
If the medical provider concealed the malpractice through fraud, the statute of repose can be extended to seven yearsfrom the date of the incident.
2. Minor Children
If the victim is a minor under the age of eight, the four-year statute of repose does not apply until the child’s eighth birthday—allowing more time for parents to file a claim.
3. Mental Incapacity
If the victim is mentally incapacitated and unable to understand their legal rights, the statute of limitations may be extended.
Pre-Suit Requirements in Florida
Before you can file a medical malpractice lawsuit in Sarasota or anywhere in Florida, the law requires several pre-suit steps, which include:
- A notice of intent to sue
- A 90-day investigation period
- A corroborating medical opinion from a licensed medical professional stating that malpractice occurred
These pre-suit requirements can take weeks to complete, so time must be managed carefully to avoid running out the clock.
Why Acting Early Is Critical
Even if you believe you have time left under the statute, delays can hurt your case, including:
- Difficulty obtaining medical records
- Loss of critical evidence or witnesses
- Reduced settlement leverage
By involving an attorney early, you ensure that your case is thoroughly investigated, deadlines are met, and your legal rights are preserved.
Sarasota County Courts and Filing Jurisdiction
Medical malpractice cases in Sarasota are typically filed in the Twelfth Judicial Circuit Court. Your attorney will ensure the case is filed in the correct venue based on where the malpractice occurred or where the provider resides.
Don’t Wait Until It’s Too Late
Understanding the medical malpractice statute of limitations in Florida is essential for patients seeking justice. In Sarasota, victims only have a narrow window of time to investigate, prepare, and file their claim. Waiting too long could mean losing your right to hold negligent providers accountable—even if your case is strong.
If you believe you’ve been a victim of medical negligence, contact Warren Chin at ECD Law at (941) 366-8888 as soon as possible to protect your right to compensation.