What is the statute of limitations for filing a medical malpractice claim?

In the majority of states, there is a statute of limitations for filing a medical malpractice claim. In Florida, the statute of limitations is two years from the time at which the patient knew or should have known of the injury and that the injury was caused by the negligence of a doctor or other health care provider. However, Florida also has a statute of repose, which states that a patient may not file a medical malpractice claim against a health care provider after four years have elapsed since the date on which the malpractice occurred.

The only exception to this rule is where the hospital, doctor or other medical provider engaged in fraud, concealment or misrepresentation. In this case, the patient may still be able to file a medical malpractice claim after four years have elapsed since the date of the incident of malpractice. Therefore, it is imperative that one discovers that one is the victim of negligent conduct on the part of a doctor within four years of the malpractice, and consult an attorney immediately.

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