Statute Of Limitations For Medical Malpractice Lawsuits
A statute of limitations has been established in every state in order to encourage the potential plaintiffs to go ahead with their claims while discouraging those who want to file that have lost evidence or memory of the incident. The statute of limitations is a law set in place for a potential plaintiff to have only a certain amount of time to file a lawsuit soon after the injury occurred. Being able to file a claim after the deadline has passed would be prohibited to the plaintiff. They would lose all their rights in filing a claim if not done within the specified time. Overlooking the statute of limitations in medical malpractice cases should not happen. The potential plaintiff has to keep track of the time in which they have to file their claim or they will forever be prohibited in filing a lawsuit for that injury.
Every state has their own deadline for every claim coupled with the limitations being different for every type of claim in that specific state. For example, a negligence case may have only a statute of limitations of four years, while a defamation of character may only have a one-year deadline. The plaintiff needs to be aware of the laws within their state so that they do not pass the specified deadline and are able to file in time.
The Medical Negligence Statute of Limitations in Florida
Florida Medical Malpractice claims have their own statute of limitations; this is reflected in the Florida Comprehensive Medical Malpractice Reform Act. This act is in place to curtail frivolous claims, reduce the high cost in insurances, and promote a settlement between both parties in question. Under Florida law, ordinary negligence cases have a four-year statute of limitations, but due to other states adopting lesser time, Florida has established a two-year statute of limitations for medical malpractice causes of action, with a four-year statute of repose, and a seven-year maximum cap for cases that involve concealment, intentional misrepresentation or fraud by a defending healthcare provider. The seven-year period does not apply to plaintiffs who are younger than eight years’ old.
Acting Fast Following a Medical Malpractice Injury
After having suffered an injury by a medical malpractice mistake that could have been committed by either first responders, physicians, surgeons, registered nurses, medical staff, technicians, and more, it is very important that the injured person seek legal advice. The statute of limitations for every state is different and the patient needs to be knowledgeable of how long they have in their state to file a lawsuit. In Florida, anyone who believes that they have suffered an injury because of a medical malpractice error should contact an expert Miami personal injury lawyer at Percy Martinez Law firm who will give them the advice and guidance that they need.
The firm believes in restoring the injured person’s life back to normal. They care about the person’s well-being and are always determined to fight for the full recovery of the victim.
