How Long Can I Wait Until I File My Medical Malpractice Claim?

“Statutes of limitation” are laws that define the timeframe for when a claim can be filed in court. Their purpose is to ensure that claims are brought within a reasonable amount of time and also to protect defendants from the indefinite threat of a lawsuit. Medical malpractice cases under Florida law, however, have a two-year statute of limitations. This means that plaintiffs must investigate their claim and file suit within two years from the date the medical malpractice is discovered or should have been discovered by the plaintiff.