How Long After My Injury, Can I File a Medical Malpractice Claim?
June 30, 2020
Filing a medical malpractice claim is important for two reasons. The first, most importantly, is that you are compensated for the pain and suffering you and your family have had to endure as a result of a physician or hospital’s negligence. Secondly, filing a medical malpractice claim against a medical professional or hospital can hopefully lessen the chances that someone else will suffer the same harm you did in the future. One common question we’re often asked is how long after sustaining a medical injury can you file a claim? Learn more below.
What is the Statute of Limitations on Filing a Medical Malpractice Claim?
Florida residents have two years from the date the malpractice occurred or the date that the harm was discovered to file a claim. However, Florida also adheres to what’s known as the “Statute of repose.” The statute of repose states that the medical malpractice claim should be filed within four years of the malpractice being committed. Simply put, Florida law believes that any discovery of medical malpractice should have been made within four years. However, there are exceptions to every rule. In cases where the doctor or medical professional tried to cover up their negligence or committed fraud, these general timeframes may not be set in stone.
What if My Child Suffered Medical Malpractice?
As a parent, one of the most devastating things to learn is that your child was the victim of medical malpractice. However, parents may not realize that their child has suffered any harm until certain milestones aren’t met. One of the most common examples is cerebral palsy, which is one of the most common birth injuries that are sustained.
If a physician improperly uses a delivery tool such as a vacuum or forceps or fails to detect any fetal heart changes or prolapsed umbilical cord, the child may develop cerebral palsy. However, despite this, parents may not know that anything is wrong until their child fails to meet certain age-appropriate milestones such as crawling, walking and rolling over. In many cases, a child is diagnosed with cerebral palsy when they are two years old. As such, parents have two years from the date they discovered the injury to file a claim up until the child’s eighth birthday.
If you suspect that you or your child was the victim of medical malpractice, it’s important to consult with an attorney as soon as possible. Once the window closes to file a claim, you will be unable to pursue any sort of compensation. Unfortunately, many individuals who suffer an injury as a result of medical malpractice are unable to return to work, complete routine tasks and require ongoing medical treatment, which can be extremely costly. You shouldn’t have to pay for someone else’s mistakes. Let the team at Lawlor, White & Murphey help.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Medical Malpractice Case in Florida
Did you or a loved one sustain a serious injury as a result of medical malpractice in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients who have been injured due to medical malpractice in Broward, Dade, Palm Beach Counties, and throughout Florida. Call 754-226-1474 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.