Legal Question in Medical Malpractice in Florida

Re: statute of limitations

The calculation of the statute of limitations in medical malpractice actions is extremely difficult to determine. Your question does not have enough facts to make any reasoned judgment.

The rule is that you have two years from when you knew or reasonably should have known of your injury and that it was the result of negligent conduct, but in no event more than 4 years from the date of the negligence itself (except if there is fraud or concealment -- and then you have 7 years). You can extend the statute of limitations for 90 days by filing a petition to extend the statute of limitations in the county where the tort occurred or where the defendant is located.

As I say, it is very hard to make a determination, even when you have all the facts. If it is close to 2 years from the procedure itself, you should file a petition to extend. That will automatically extend the statute for 90 days.By the way, a torn rotator cuff during a tubal ligation is extremely unusual and suspicious on its face. An injury like that is usually a nursing or anesthesia issue in positioning the patient for the surgical procedure.

You should contact an attorney as soon as possible. I am in Tampa, if you are nearby.