When does my right to bring a medical malpractice claim expire?
Florida State Statute 95.11 deals with the statute of limitations for medical malpractice.
According to the law, an action for medical malpractice shall be commenced within 2 years from the time the incident in question occurred or within 2 years from the time the incident is discovered or should’ve been discovered with the exercise of due diligence. So, what does all of that mean? Suppose you had leg surgery on January 1, 2000, during which the surgeon negligently left a piece of medical equipment inside your leg.
According to the law, you could have certainly brought a medical malpractice action up until January 1, 2002. But let’s say you didn’t become aware of the negligence until April 1, 2000, when you felt a pain in your leg and went to the doctor, who told you what had happened. In such a case, you would still be able to bring a medical malpractice claim up until April 1, 2002 (two years from the time that you became aware of the negligence).
However, let’s say you felt a pain right after surgery and didn’t investigate it; then, in January of 2008, you finally had it checked out and realized what had happened. Because you didn’t perform due diligence by investigating the pain when you started feeling it, you would have lost your chance to bring an action for the January 1, 2000, incident.