What Is the Medical Malpractice Statute of Limitations for Minor Children in Florida
Gregg Hollander | August 7, 2024 | Medical Malpractice
If you believe your child has suffered harm because of a medical professional’s negligence, you might have grounds for a medical malpractice lawsuit. However, if you don’t file before the medical malpractice statute of limitations for minor children in Florida expires, you risk losing out on the compensation your child deserves.
At Hollander Law Firm, we can help you understand how the Florida medical malpractice statute affects your right to file a lawsuit. Our firm has decades of experience representing minors hurt by negligent, reckless, or careless medical professionals. We can make sure you aren’t alone in your fight for justice.
Learn how our medical malpractice attorneys in Florida make sure you don’t miss critical filing deadlines that keep you from a successful outcome in your case.
What is the Statute of Limitations for Medical Malpractice Cases in Florida?
The Florida medical malpractice statute of limitations refers to the legally defined time period within which a person must file a lawsuit. After this strict deadline passes, pursing compensation and justice is not possible.
In Florida, the statute of limitations for medical malpractice claims is generally 2 years from the date of the incident, or, from when the incident is or should have been discovered with due diligence. Certain exceptions do apply, and you may have up to four years depending on the circumstances of your case.
However, when minor children are involved, the statute of limitations differs from adults in ways that include:
- Special Discovery Rule: Florida law Florida law allows a lawsuit to be filed anytime before the child’s eighth birthday if the injury occurred before age 8. The seven-year extension applies only in cases involving fraud, concealment, or misrepresentation.
- Tolling of the Statute: The statute of limitations is suspended until a minor turns 18. Once they become a legal adult, the statute of limitations resumes state mandated time frames.
- Fraud, Concealment, or Misrepresentation: The extension due to fraud, concealment, or misrepresentation allows up to seven years from the incident date as the absolute maximum for filing a claim, except for minors under age 8, who still have until their eighth birthday.
You should never assume there is always time to file a medical malpractice case for your children. The sooner you seek help from a medical negligence attorney, the sooner you can secure a favorable outcome that will help your child on the path to recovery.
How Do You File a Lawsuit for Medical Malpractice in Florida?
Medical malpractice lawsuits are far from simple, especially for parents trying to meet the needs of an injured child. To stay in compliance with the statute of limitations under Florida law consider taking the following steps:
- Schedule a free case evaluation with a medical malpractice attorney in Florida. During your consultation, you can explore your legal options, begin the investigative process, and understand how to overcome challenges to help secure a favorable outcome.
- Provide your attorney with all necessary documents. Medical records, incident reports, and anything else relevant to your child’s case should be handed over to your attorney. Inform them of any trouble getting these documents so they can help you build a strong case.
- Carefully follow your attorney’s instructions. A personal injury lawyer is your ally in the fight for justice. They may provide you with guidelines that, if followed precisely, can help you avoid unintentionally saying or doing anything that could harm your child’s recovery.
A lawyer can help you navigate the complexities of Florida medical malpractice cases, ensuring all actions are taken within the strict legal deadlines. Whether your child experienced a misdiagnosis, medication errors, or something else entirely, your attorney will prove instrumental in demonstrating that the medical provider’s failures caused your child harm.
How Will a Medical Malpractice Lawyer Handle My Child’s Case?
Help you gather and review evidence.
Scrutinizing medical records and other strong evidence establishes a timeline of the harm your child has suffered. Your lawyer can effectively safeguard the claim’s viability by pinpointing when and why the injuries could have occurred.
Consult with medical professionals.
Talking to medical professionals gives valuable clues about when and why the injury occurred. Their expert opinions can support that the injuries fit within the medical malpractice statute of limitations Florida sets and might even help extend the deadline if the injury wasn’t apparent right away.
Interview witnesses.
Witnesses provide a clearer picture of the circumstances that lead to injuries. Their accounts can help establish the negligence of medical professionals and strengthen your case. Witness testimonies can also help refute any contradictory claims made by the defense.
Investigate the healthcare facility.
Checking out the healthcare facility’s past might show repeated mistakes, helping prove the injury took time to be discovered. This step is critical in matching the claim to the limitations period and showing the malpractice wasn’t easy to spot under Florida law.
Analyze policies and procedures that led to injuries.
Looking at the hospital’s rules might reveal why mistakes weren’t caught quickly. In some cases, these details can identify fraud or concealment, which may help to extend the statute of limitations to seven years.
Work with reconstruction experts.
Reconstruction of the event provides clarity on how and when the errors occurred. This detailed portrayal supports the claim’s timeline, reinforcing the case’s legitimacy and timely filing within Florida’s legal framework.
Deal with the insurance company.
A lawyer can help you deal with the insurance company who often pushes false narratives during the statute of limitations to diminish or deny payment. This helps ensure you and your child receive fari compensation for medical expenses, pain and suffering, and lost wages.
Represent you in court.
Hiring a lawyer within the statute of limitations can streamline the process of taking your case to court when the negligent party is unwilling to offer a fair settlement. Experienced attorneys offer aggressive representation to support your claim and get justice for your child’s injuries. practices, potentially preventing similar incidents in the future.
What Injuries Qualify For a Medical Malpractice Claim?
Many types of injuries may be eligible for compensation, but only if lawsuits are filed within Florida’s strict medical malpractice statute of limitations for minors. Injuries eligible for compensation may include:
- Birth injuries such as cerebral palsy or brachial plexus injuries
- Misdiagnosis or delayed diagnosis leading to worsened conditions
- Surgical errors causing unintended harm
- Medication errors resulting in adverse effects
- Anesthesia-related injuries during medical procedures
These injuries require expensive ongoing medical treatment and care, which can result in significant financial burdens for you and your family. Recover the fair settlement you deserve to give your child the best life possible with the help of experienced legal professionals.
Hollander Law Firm | Florida Medical Malpractice Lawyers Ready To Help You In the Fight For Justice
The statute of limitations Florida minors are subject to when parents want to sue the medical professional responsible for their child’s injury can vary depending on the specific circumstances of each case. What doesn’t change is the fact that if you miss this deadline, you may lose your right to hold the negligent party accountable for their actions.
At Hollander Law Firm, our award-winning medical malpractice lawyers understand the complexities of these cases and have years of experience fighting for children injured by negligence, recklessness, or carelessness. We are committed to helping families in Florida pursue the compensation they deserve for their child’s injuries, while holding medical professionals and institutions accountable for their actions.
Time is of the essence to pursue a medical malpractice lawsuit for minors in Florida. Contact Hollander Law Firm online or at (561) 677-2795 for a free case evaluation that can help your child find justice.