Can I Sue for Medical Malpractice Years After Treatment?

Can I Sue for Medical Malpractice Years After Treatment?

Posted By Maher Law Firm || 22-Aug-2018

Much like any other legal matter, medical malpractice lawsuits must be filed within a certain timeframe, which is also known as the statute of limitations. Every state has a statute of limitations, so it is important to familiarize yourself with the specific rules of your own state to avoid missing this crucial deadline. In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years, beginning on the date on which you suffered harm or beginning on the date when you should have reasonably discovered the injury. However, Florida also has a blanket deadline of four years to file a medical malpractice lawsuit, regardless of when you discovered or should have discovered the injury, unless some sort of fraud was involved or the plaintiff is under the age of eight.

The Discovery Rule

There are some cases in which a patient would immediately discover that something with his or her treatment went wrong. For example, if a patient needed to have a limb amputated and the doctor mistakenly amputated the wrong limb, the patient would immediately be aware of the mistake as soon as he or she is conscious. This patient would have two years to bring the claim to court. However, sometimes surgical errors are not that obvious.

For example, if a patient underwent surgery and a scalpel was left in his or her abdomen, it is possible for that person to continue to live a normal life for some time. Years later, perhaps due to some other trauma, the scalpel might get repositioned in the patient’s body, causing serious injury. If this took place three years after the surgery, the four-year statute of repose would apply and the patient would still have one year remaining to file a medical malpractice lawsuit, despite having been treated years ago.

Tony’s Law

In Florida, one of the most notable exceptions to the statute of limitations for filing a medical malpractice lawsuit is “Tony’s Law,” which does not limit the right of a child to sue for medical malpractice under the four-year statute of repose before the child reaches his or her eighth birthday. If the parents or guardians of the child knew of the injury and were aware that it was caused by malpractice, however, it is possible that it would be subject to the two-year statute of limitations.

Medical Malpractice Attorney in Orlando

If you suffered an injury at the hands of a doctor or other medical professional, you have a right to pursue fair and just compensation, but it is critical that you take action as soon as possible. At The Maher Law Firm, our medical malpractice team in Orlando has been representing injured patients for over 40 years and is backed by a proven track record of success. Our experienced professionals will guide you throughout the entire claims process from start to finish to ensure the responsible parties are held accountable for their actions.

Get started on your case today and contact our law firm at (855) 338-0720 to request your free initial case evaluation with a knowledgeable member of our team.

Categories: Medical Malpractice
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