A recent South Florida case shows how even attorneys sometimes misunderstand how the
Statute of Limitations applies to a medical malpractice case.
Ordinarily, the Statute of Limitations (time within which one must file a lawsuit, or the case is
forever barred) for an accident case is four (4) years.
Medical malpractice cases have a different set of timetables;
The Statute of Limitations, in most cases, is two years from the date the injured party (or a family member in case of death), knew or should have known of the malpractice.
Additionally, before filing a medical malpractice lawsuit in the state’s civil court system, you are required to notify, in writing, each prospective health care provider(s) that the claimant is planning to sue) of the intent to file the lawsuit. The defendant health care provider then has a 90-day (pre-suit period) to investigate the claim.
Only then, and not before, a lawsuit can be filed.