Legal Question in Medical Malpractice in Florida

How long after a death do I have to press charges, if I find evidence that the hospital was at fault for his death?


Asked on 10/04/10, 5:29 pm

1 Answer from Attorneys

Melvin Wright Colling Gilbert Wright & Carter

If you are asking how long you have to file a civil lawsuit for medical negligence/malpractice, the general answer is two years from the date of death; however, calculating the expiration date of the statute of limitations on a medical negligence case is more complicated than that. There are exceptions and extensions and tolling periods and statues of repose, depending on all the various facts and specifics, such as whether there was a cover up, when you knew or should have known malpractice occurred, etc. You really need to consult with an attorney to know the exact deadline, and the sooner you do so, the better, because attorneys are reluctant to take medical negligence cases where the victim has delayed consulting an attorney, limiting the time an attorney has to properly evaluate the case for litigation.

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Answered on 10/09/10, 7:25 pm


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