There are multiple regulations in the Florida statutes dealing with time limits within which a medical malpractice case must be filed. There’s the statute of limitations which is a two year statute and the claim must be filed within two years of the date that the injured party knew or should have known of the commitment of the medical malpractice. There’s also a statute of repose. That is a four year statute and that statute requires that the claim be filed within four years of the date of the incident regardless of when the incident was discovered.
The key issue in all these malpractices cases really is the statute of limitations, the two years statute and the question is when should the plaintiff have discovered that he or she had a malpractice claim. That issue is litigated many times, it’s almost always an issue in a malpractice case. I would also add that children have a separate and distinct limit time within which to bring a malpractice claim.