Legal Question in Legal Malpractice in Florida

Re: medical malpractice

The statute of limitations in medical malpractice actions is often VERY difficult to calculate. Basically, you have 2 years from the date of the incident or 2 years from when the incident was discovered, or should have been discovered, but in no event more than 4 years from the incident itself, unless there is fraud in concealment and then no more than 7 years. The statute of limitations can be extended 90 days with the filing of a timely petition to do so.

If you would like to e-mail me the basic facts of your potential claim, I can give you my more specific thoughts on whether the statute of limitations has expired in your case.

Re: medical malpractice

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Medical malpractice cases have a very strict statute of limitations. If you knew of the alleged malpractice in March, 2005, it may very well be too late to pursue it now as it is more than two years since you knew of it. You should consult a qualified attorney to review your matter, who can then advise you as to your legal rights.

Scott R. Jay, Esq.