Filing a medical malpractice claim involves navigating complex legal and medical issues, which is why it’s essential to understand the timing and requirements for filing such a claim. This guide will help you understand when you can file a medical malpractice claim, the critical timelines, exceptions, and tips to ensure your claim is filed on time.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional provides substandard care, resulting in harm to the patient. Examples include surgical errors, misdiagnosis, medication errors, and more. If you believe you have been a victim of medical malpractice, it’s important to act quickly due to the statute of limitations.

Statute of Limitations in Florida

In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury was discovered, or reasonably should have been discovered. However, there are nuances to this rule:

1. Discovery Rule: If the injury is not immediately apparent, the two-year period begins when the injury is discovered or should have been discovered with reasonable diligence.
2. Statute of Repose: Regardless of when the injury is discovered, there is an absolute deadline of four years from the date of the malpractice. This means you cannot file a claim more than four years after the incident, even if you discover the injury later.
3. Exceptions for Minors: For children under eight years old, the statute of limitations does not begin until their eighth birthday. However, claims must still be filed within seven years of the date of the malpractice.

Exceptions to the Statute of Limitations

There are certain exceptions where the statute of limitations may be extended:

• Fraud: If the healthcare provider fraudulently concealed the malpractice, the statute of limitations can be extended to two years from the date of discovery of the fraud.
• Foreign Objects: If a foreign object is left inside the patient’s body, the statute of limitations is extended to two years from the date of discovery of the object.

Steps to Take After Suspecting Medical Malpractice

1. Seek a Second Opinion: Consult another medical professional to confirm whether malpractice occurred.
2. Request Medical Records: Obtain all medical records related to your treatment.
3. Consult an Attorney: Contact a qualified medical malpractice attorney to evaluate your case. Ehrlich & Naparstek can assist you in determining if you have a valid claim and guide you through the process.

Why Timing is Critical

Filing your claim within the specified timeframe is crucial. Missing the deadline can result in your case being dismissed, regardless of its merits. Therefore, it’s important to act promptly to protect your rights.

Contact Ehrlich & Naparstek for Assistance

If you believe you have a medical malpractice claim, it’s essential to seek legal advice immediately. Ehrlich & Naparstek’s experienced attorneys are here to help you navigate the complexities of medical malpractice claims. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach and Boynton Beach) to schedule an appointment. Visit our office at 1330 SE Federal Hwy, Stuart, FL 34994.

Additional Resources

• Florida Areas Served
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• West Palm Beach Office Location

Conclusion

Understanding when you can file a medical malpractice claim is vital to ensuring your rights are protected and that you receive the compensation you deserve. If you suspect you have been a victim of medical malpractice, don’t delay. Contact Ehrlich & Naparstek today for expert legal advice and representation.