How Long Do You Have to File a Malpractice Case in Florida?
Time is a ruthless gatekeeper when filing a medical malpractice case in Florida, including Miami. Miss the deadline, and your claim—however airtight—evaporates. The medical malpractice lawyers at PWD Law Firm keep you ahead of the clock, but knowing Florida’s rules is critical. Here’s what dictates your window as of today, April 5, 2025.
The Two-Year Baseline
Florida Statute 95.11(4)(b) sets the standard: you’ve got two years to file. If a South Beach surgeon botched your appendectomy on April 1, 2023, your cutoff is April 1, 2025—four days ago. You’re already out unless an exception applies. The clock typically starts the day the injury occurs—say, a sponge left inside you at Jackson Memorial—or when you reasonably should’ve spotted it. That’s where things get tricky, and PWD Law Firm steps in to pinpoint your start line.
The Discovery Rule: A Lifeline with Limits
The “discovery rule” can buy time. A Hialeah doctor misdiagnoses your lung cancer as asthma on March 1, 2023, but you don’t catch it until a second opinion on March 1, 2025. Your two years run from discovery—until March 1, 2027. But there’s a hard cap: four years from the incident, max. That’s March 1, 2027, here—unless fraud or concealment (like a Coral Gables clinic fudging records) pushes it further. Proving “should’ve known” is a fight; we at PWD Law Firm use symptoms, records, and experts to nail it down.
Kids Get Extra Time
Children under eight get a break. A Brickell birth injury from a botched delivery on April 1, 2022, harming a newborn? If parents sue on the child’s behalf, the clock doesn’t start until the kid’s eighth birthday—April 1, 2030. A 2024 Miami-Dade case stretched a 2022 error to 2030 this way—rare, but a game-changer for families. For adults, though, it’s the standard two- or four-year grind. PWD Law Firm maps these exceptions so no deadline slips by.
Presuit Hurdles: The 90-Day Squeeze
Florida throws a wrench: a mandatory presuit process. Before you sue a doctor or hospital—like Mount Sinai or Baptist—you must send a 90-day notice of intent, backed by an affidavit from a medical expert swearing your claim’s legit. That’s three months carved from your two years. File too close to the end—say, January 2027 for a March 2025 injury—and the presuit period runs past the statute, killing your case. If they negotiate, a 90-day “tolling” pause kicks in, but don’t count on it. PWD Law Firm jumps on this early, keeping your timeline tight.
Why Speed Matters
Act fast—evidence fades. Records from a Kendall clinic get “lost,” witnesses from a Doral ER move on, and staff at Mercy Hospital forget. Miami-Dade’s 2024 malpractice filings—over 300—show timing is king: cases filed promptly, with fresh proof, win most. Florida’s two-year limit (since 2023) isn’t flexible; four years is the outer edge unless fraud’s proven. Delay, and your shot at justice—medical bills, lost wages, pain—slips away. At PWD Law Firm, we don’t let that happen—we chase records and experts the second you call.
PWD Law Firm Keeps You in the Game
Miami’s medical malpractice clock ticks loud and fast. A missed deadline isn’t a mulligan; it’s game over. Whether it’s a South Miami misdiagnosis or a Key Biscayne surgical flub, you need every day to build your case—records, affidavits, causation. PWD Law Firm’s medical malpractice lawyers in Miami live by that clock, ensuring your claim lands on time and hits hard. Today’s April 5, 2025—don’t wait. Contact us at https://www.pwdlawfirm.com/ to lock in your rights and fight for what’s yours.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Every case is unique, and outcomes depend on specific facts and legal circumstances. Consult a qualified attorney at PWD Law Firm for personalized guidance. Visit https://www.pwdlawfirm.com/ for professional assistance.
