In most cases, you have two years to bring a Florida medical malpractice lawsuit. The two years start when the incident happened or when you discovered (or reasonably should have discovered) it. No matter when you discover the injury, the claim is generally barred four years after the incident, with limited exceptions for fraud or concealment and for injured children. Florida also requires several presuit steps before a lawsuit can be filed, so the practical deadline to act is often much earlier than the legal one.
What Is the Statute of Limitations for a Florida Medical Malpractice Lawsuit?
Under section 95.11(5)(c), Florida Statutes, an action for medical malpractice must be commenced within 2 years from the time the incident giving rise to the action occurred, or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence.
Older articles may cite this provision as section 95.11(4)(b). After recent amendments, it now appears in subsection (5)(c).
How the Discovery Rule Works
Medical errors are not always obvious right away. That is why the two-year clock can start on the date of discovery rather than the date of treatment. The test is not only when you actually learned of the problem, but when you should have learned of it by paying reasonable attention. Waiting after warning signs appear can shorten your time.
The Four-Year Statute of Repose
The discovery rule has a firm outer limit. Under the same section 95.11(5)(c), in no event may the action be commenced later than 4 years from the date of the incident or occurrence. This is called a statute of repose. It applies even if you did not and could not have discovered the injury within those four years, unless one of the exceptions below applies.
Are There Exceptions to the Medical Malpractice Deadlines in Florida?
Yes. Section 95.11(5)(c) contains two important exceptions.
- Fraud, concealment, or intentional misrepresentation: If it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented discovery of the injury, the limitations period is extended forward 2 years from when the injury is discovered or should have been discovered. Even then, the claim cannot be brought more than 7 years after the incident.
- Injured children: Neither the 4-year repose period nor the 7-year outer limit bars an action brought on behalf of a minor on or before the child’s eighth birthday.
The minor exception matters most in birth injury cases, where the full effect of an injury may not be clear until a child misses developmental milestones. These exceptions are fact-specific, so do not assume one applies without a legal review.
What Must Happen Before a Medical Malpractice Lawsuit Can Be Filed?
Florida does not allow an injured patient to simply file a complaint in court. Chapter 766 of the Florida Statutes creates a mandatory presuit process. Each step takes time, which is one reason early action is so important.
Step 1: A Reasonable Investigation
Under section 766.104(1), Florida Statutes, no action for personal injury or wrongful death arising out of medical negligence may be filed unless the attorney filing it has made a reasonable investigation to determine that there are grounds for a good faith belief that negligence occurred in the care or treatment of the claimant. The complaint must contain a certificate that this investigation took place.
If more time is needed, section 766.104(2) allows a petition to the clerk of the court where the suit will be filed. With payment of a filing fee, an automatic 90-day extension of the statute of limitations is granted to allow the required investigation.
Step 2: A Corroborating Medical Expert Opinion
Under section 766.203(2), Florida Statutes, the claimant must investigate before giving notice to confirm reasonable grounds to believe that a named defendant was negligent and that the negligence caused injury. Those grounds must be corroborated by a verified written medical expert opinion, submitted at the time the notice of intent is mailed.
Step 3: Notice of Intent and the 90-Day Presuit Period
Under section 766.106, Florida Statutes, the claimant must notify each prospective defendant of the intent to initiate litigation for medical negligence before filing a complaint, and that notice must be served within the time limits of section 95.11. The statute provides that:
- A suit may not be filed for 90 days after notice is delivered to a prospective defendant, giving the defendant time to review the claim.
- Once notice is mailed, the statute of limitations is tolled (paused) as to all prospective defendants during that 90-day period.
- After the claim is rejected or the presuit period ends, the claimant has 60 days or the remainder of the limitations period, whichever is greater, to file suit.
Because the expert opinion must accompany the notice, the investigation, records review, and expert consultation all have to be finished before the notice goes out. That work can take months.
What If Medical Negligence Caused a Death?
When medical negligence causes a death, a wrongful death claim may be brought. Florida law limits certain damages in these cases. Under section 768.21(8), Florida Statutes, adult children cannot recover the damages described in subsection (3) of the statute, and parents of an adult child cannot recover the damages described in subsection (4), in claims for medical negligence. Those subsections cover a child’s lost parental companionship, instruction, and guidance, and a survivor’s mental pain and suffering.
The Florida Legislature passed a bill in 2025 to remove this limitation, but according to the final House bill analysis of HB 6017, the Governor vetoed it on May 29, 2025. As of the current published Florida Statutes, the limitation in section 768.21(8) remains in place.
What Should You Do If You Suspect Medical Malpractice?
Given the deadlines and presuit requirements, these practical steps can help protect your claim:
- Request your medical records. Under section 456.057, Florida Statutes, a licensed health care practitioner who examined or treated you must, upon your request or your legal representative’s request, furnish copies of the reports and records of that examination or treatment in a timely manner, without delays for legal review.
- Write down a timeline. Note dates of treatment, the providers involved, symptoms, and when you first suspected something went wrong. The date you discovered the problem may control your deadline.
- Keep related documents. Save bills, discharge instructions, prescriptions, and any written communications with providers.
- Talk to a lawyer early. Expert review and presuit notice must happen before the limitations period runs. Starting early leaves time to complete each required step.
For deadlines in other types of injury cases, read How Long Do You Have to File a Personal Injury Claim in Florida?
Frequently Asked Questions
Is the deadline for a Florida medical malpractice lawsuit always two years?
Two years is the general rule, measured from the incident or its discovery. The 4-year statute of repose, the fraud and concealment extension (up to 7 years), and the exception for minors before their eighth birthday can change the analysis.
Does sending a notice of intent stop the clock?
Yes. Under section 766.106, mailing the notice tolls the statute of limitations for the 90-day presuit period. Afterward, you have 60 days or the remainder of the limitations period, whichever is greater, to file suit.
Can I get more time to investigate my claim?
Section 766.104(2) allows an automatic 90-day extension of the statute of limitations by petition to the clerk of court and payment of a filing fee.
Talk to a Jacksonville Medical Malpractice Lawyer
Florida’s medical malpractice deadlines are short, and the presuit process takes time to complete correctly. Missing a single step or date can end a claim before it starts. The attorneys at Harris Guidi Rosner, P.A. help patients and families in Jacksonville and throughout Florida evaluate potential claims and meet each statutory requirement. Learn more about our medical malpractice practice, or contact Harris Guidi Rosner, P.A. today to discuss your situation.
