Medical Malpractice in Florida: The Deadlines Are Strict—and the Stakes Are High

Medical malpractice cases in Florida don’t follow simple, forgiving timelines. These cases are governed by multiple overlapping deadlines, presuit requirements, and technical rules that trip people up all the time. Miss one—and even a strong case can be over before it begins.

Here’s what you need to know.

The Core Deadlines in Florida Medical Malpractice Cases

1. Statute of Limitations: 2 Years

In most cases, you must file a medical malpractice lawsuit within two years from the date you knew—or should have known:

• That you were injured, and

• That the injury was likely caused by medical negligence.

This is called the “discovery rule.” It sounds flexible, but courts apply it narrowly.

2. Statute of Repose: 4 Years (Hard Stop)

Even if you didn’t discover the injury right away, Florida law imposes an absolute cutoff:

No medical malpractice claim may be filed more than four years after the malpractice occurred.

This applies regardless of discovery. Once the four-year mark passes, the claim is usually gone.

3. Fraud or Concealment Exception: Up to 7 Years

If a healthcare provider intentionally concealed the malpractice or misrepresented critical facts, the deadline may extend to seven years from the date of the incident.

This exception is narrow and heavily litigated. It requires proof of intentional misconduct—not just poor communication or incomplete records.

4. Claims Involving Minors

For children injured before age eight, the general rule is:

• The claim must be filed by the child’s eighth birthday,

• Subject to limited statutory exceptions.

Parents are often shocked by how early these deadlines expire.

5. Wrongful Death Caused by Medical Negligence

When malpractice results in death:

• The statute of limitations is two years from the date of death,

• Not from the date of the negligent treatment.

This distinction matters—and mistakes here are fatal to a case.

Tolling: When the Clock Temporarily Pauses

“Tolling” means the statute of limitations is paused, not erased. Florida allows tolling in specific medical malpractice scenarios.

Common Tolling Mechanisms

• 90-Day Automatic Extension
  A one-time extension may be used to allow additional investigation before filing suit.

• Notice of Intent to Initiate Litigation
  Serving a formal Notice of Intent pauses the statute of limitations for 90 days while the healthcare provider investigates.

• After Presuit Rejection
  If the claim is denied at the end of the presuit period, you generally have:

  • 60 days, or

  • The remainder of the original limitations period (whichever is longer)
    to file suit.

These rules are technical. A miscalculation—even by a single day—can destroy an otherwise valid claim.

Why These Deadlines Matter So Much

Statutes of limitations are not flexible suggestions. Florida courts enforce them strictly.

Defense lawyers and insurance carriers look for statute-of-limitations defenses first. A missed deadline often ends the case before the facts are ever heard, no matter how egregious the negligence.

The Takeaway

If you believe you may have a medical malpractice claim in Florida:

• Do not assume you have “plenty of time”

• Do not rely on internet summaries alone

• Do not wait until the deadline is close

These cases are fact-specific and unforgiving.

Speaking with an experienced Florida medical malpractice attorney early can help protect your rights and prevent irreversible mistakes. Firms such as Hoffman, Larin & Agnetti, P.A. routinely analyze these deadlines, identify tolling opportunities, and determine whether a claim is still viable—before time runs out.

If you’re unsure where you stand, getting clarity sooner rather than later can make all the difference.