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Statute of Limitations

A medical malpractice action must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered. Fla. Stat. Ann. § 95.11(4)(b) (West 1982 & Supp. 1998). In no event may an action be commenced more than four years after the incident giving rise to the action, except that this four-year period will not bar an action before the claimant's eighth medical malpractice day. Id.

Even in the case of fraud, concealment, or intentional misrepresentation preventing discovery, there is a maximum period of seven years (or a child's eighth medical malpractice day). Id. A claimant's incompetency tolls the statute, but the action must be brought within seven years of the incident. Fla. Stat. Ann. § 95.051(d) (West 1992). The constitutionality of the four-year statute of repose was upheld most recently in Damiano v. McDaniel, 689 So. 2d 1059 (Fla. 1997).

If you believe that you may have suffered a medical malpractice injury and you would like to know your legal options, you should immediately speak with an experienced Orlando medical malpractice injury attorney. Contact us today for help.