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What is the Statute of Limitations, and How Does it Affect Healthcare Providers?

Overview of the Statue of Limitations

The statute of limitations is a legal rule that sets a specific time period within which a lawsuit or legal claim must be filed. It establishes a deadline for initiating legal action based on the type of case or the nature of the claim. Once the statute of limitations has expired, the right to bring a lawsuit or claim is generally lost, and the defendant can use the defense of the expired statute of limitations to have the case dismissed.

The purpose of the statute of limitations is to ensure that legal disputes are resolved in a timely manner. It provides a sense of finality and allows potential defendants to have certainty and protection against stale or outdated claims. The specific length of the statute of limitations varies depending on the jurisdiction and the type of case involved. Different types of claims, such as personal injury, contract disputes, or property damage, may have different time limits for filing.

It’s important to note that the statute of limitations can vary between different states or countries, and even within different jurisdictions within the same state.

Statue of Limitations for Malpractice Claims in Florida

In Florida, the statute of limitations for medical malpractice claims is generally governed by Section 95.11(4)(b) of the Florida Statutes. The statute of limitations for medical malpractice in Florida is as follows:

Standard Statute of Limitations: The general rule is that a medical malpractice lawsuit must be filed within two years from the date the incident occurred or within two years from the date the incident was discovered or should have been discovered with the exercise of reasonable diligence.

Statute of Repose: However, there is a statute of repose that imposes an absolute deadline for filing a medical malpractice claim, regardless of when the incident was discovered. In Florida, the statute of repose for medical malpractice is four years from the date of the incident. This means that even if a patient discovers the malpractice after the four-year mark, they generally cannot bring a lawsuit (see below for exceptions).

In general, if the statute of limitations has expired, it can be challenging to pursue legal action. However, there are a few limited circumstances where a plaintiff may be able to extend these limitations:

Tolling of the statute: The statute of limitations may be temporarily suspended or “tolled” under certain circumstances. For example, if the plaintiff is a minor, the statute of

limitations may be tolled until they reach the age of 18. Other situations that may toll the statute include mental incompetence or the defendant’s absence from the state.

 

Fraud, concealment, or misrepresentation: If the defendant engaged in fraud, intentional concealment, or fraudulent misrepresentation that prevented the plaintiff from discovering the harm or injury, the statute of limitations may be extended.

Continuous treatment: In medical malpractice cases, if there was a continuous course of treatment by the same healthcare provider for the condition that gave rise to the claim, the statute of limitations may be extended to two years from the date of the last treatment.

In conclusion, the two and four year limits apply to most circumstances, but there are situations where a plaintiff is successful in extending the time limitations. So, whether you are joining, leaving, selling or buying a practice, you should choose your malpractice and tail coverage carefully to make sure you are protected.