How long do I have to make a claim against a doctor?

Asked on February 20, 2013 under Malpractice Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The statute of limitations for medical malpracticein FL is 2 years from when the patient either knew, or should have known by exercising reasonable diligence, that an injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. There is also something called the "statute of repose", that says that unless there is fraud, concealment, misrepresentation, etc. a healthcare provider may not be sued for medical malpractice more than 4 years after the incident. So even if the patient does not know about the malpractice, they may not bring the claim more than 4 years after the malpractice occurs.

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