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What Are the Statute of Limitations for Medical Malpractice?

What Are the Statute of Limitations for Medical Malpractice?

When you go visit a doctor, you trust him or her to do what is best for you by providing you with the proper treatment. However, when they fail to do this and you end up in serious medical condition, you deserve to be compensated for their mistake. Learn why you should act fast after you have been a victim of medical malpractice.

What Is a Statute Of Limitations?

The statute of limitations refers to the amount of time that is allowed to pass before a person files a lawsuit, or charges are brought against a person. For each crime or type of claim, there is a varying amount of time allotted to file suit. This amount of time also varies by each state. If you are thinking about filing a civil lawsuit, it is vital you move fast and know what is a statute of limitations.

The Statute of Limitations for Medical Malpractice

Medical malpractice is unique from other statute of limitations. While other civil lawsuits have a very clear timeline, medical malpractice can become a little complicated. A doctor may treat a patient and it could be years before any negative effects appear. This is why the Florida law states:

“An action for medical malpractice shall 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; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.”

This means that after the malpractice occurs, an individual has two years to file a lawsuit. However, if they were unable to detect the malpractice, and there is no reasonable way they would have known, they have four years to file suit.

When to Hire an Attorney

While two years may seem like a long time, it is not. You will need to move fast in order to gather evidence and file suit. Also, the sooner you go to court, the stronger your case will be. If you or a loved one has suffered due to the mistake of a medical professional, contact the Khonsari Law Group at once. Our dedicated team of lawyers will fight vigorously for you to receive the compensation you deserve. Call KLG today for a free consultation.

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