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Florida Birth Injury Statute of Limitations

Florida Birth Injury Statute of Limitations

Statute of Limitations

“How long do we have to file a birth injury medical malpractice lawsuit?”

It’s a question every parent with a provable birth injury medical malpractice negligence case needs to know the answer to. It’s especially important to know due to the fact that caring for a child who has a birth injury generally takes more time and effort than for a child who doesn’t, and time can pass quickly. Time is of the essence in such cases, however, in part due to how the law is structured. A set amount of time, known as the Florida Statute of Limitations (Chapter 95, Florida Statutes), allows only two years from the date medical malpractice (including malpractice involving birth injuries) is discovered, or should have been discovered with the exercise of due diligence.1 The same statute notes that in no event can a legal action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, with the exception that the 4-year period will not restrict an action brought on behalf of a minor on or before the child’s eighth birthday.1

Developing a Florida birth injury medical malpractice lawsuit within the statute of limitations takes time. Not only must Florida birth injury attorneys meet the mandatory legal requirements of a pre-suit investigation that includes obtaining a written review by a medical expert prior to filing suit,2 but they must also have sufficient time to do a thorough investigation in order to develop a solid case that maximizes the justice and compensation a family receives.

Noted attorney Richard “Bo” Sharp, Esq. and Mallard & Sharp, P.A.’s goal is to obtain justice for families whose infant has experienced a birth injury. Mallard & Sharp, P.A. is dedicated to providing all clients with the path to justice and financial recovery. The firm continually handles cases that involve infant or maternal birth injuries, medical malpractice, nursing home abuse, and negligent security, as well as any other acts of provable negligence that cause catastrophic injuries or wrongful death to individuals.

For additional information, or to inquire about expert legal representation for a potential birth injury medical malpractice negligence case within the statute of limitations, contact Mallard & Sharp, P.A. at 305-461-4800.



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