When it comes to filing a claim for medical malpractice in Orlando, time is of the essence. Missing the legal window can permanently bar you from seeking justice, no matter how severe your injury. That’s why knowing the Orlando medical malpractice deadline is critical for protecting your rights and securing the compensation you deserve. At Bounds Law Group, we are committed to providing patients with clear, reliable guidance on navigating the complexities of Florida’s legal system. Below, we break down everything Orlando patients need to know about the Florida medical malpractice statute of limitations and what it means for your potential case.
Contact us today through our free case evaluation form or call 877-644-5122.
What Is the Orlando Medical Malpractice Deadline?
The Orlando medical malpractice deadline refers to the statute of limitations—the legal time frame in which a patient must file a lawsuit against a healthcare provider for negligence or substandard care.
According to Florida Statutes § 95.11(4)(b), a medical malpractice lawsuit must generally be filed within two years from the date the patient knew or should have known that the injury occurred and was likely caused by medical negligence.
The “Discovery Rule” in Florida
Florida applies a discovery rule for medical malpractice cases, meaning the two-year deadline doesn’t necessarily start on the date of the procedure or treatment. Instead, it begins when:
- The patient discovers the injury, or
- The patient reasonably should have discovered the injury through diligence.
For example, if a surgical error wasn’t discovered until several months after the procedure, the clock may start ticking from the moment of discovery—not the surgery date. However, Florida also enforces a statute of repose that limits how long a claim can be delayed, even with delayed discovery.
The Four-Year Absolute Bar: Statute of Repose
While the discovery rule offers some flexibility, Florida law includes a strict four-year statute of repose. This rule mandates that no medical malpractice claim can be filed more than four years after the date of the incident, regardless of when the injury was discovered.
There is only one major exception: if the injury was caused by fraud, concealment, or intentional misrepresentation by the healthcare provider. In such cases, the deadline can extend to seven years, but only if the patient can prove the provider deliberately covered up the malpractice.
How the Orlando Medical Malpractice Deadline Affects Minors
The rules differ when the injured party is a child. For minors under the age of 8, a malpractice claim may be filed until the child’s eighth birthday, even if that exceeds the standard two- or four-year limits. This extension gives parents a fair opportunity to detect and respond to birth injuries or developmental delays caused by medical negligence.
Wrongful Death and the Statute of Limitations
If a loved one dies due to medical malpractice, Florida law allows a wrongful death claim to be filed. The Orlando medical malpractice deadline for wrongful death claims is two years from the date of death, not the date of the negligent act.
Why Missing the Deadline Can Cost You Everything
Missing the statute of limitations deadline—even by a single day—means the court will likely dismiss your case entirely. You won’t be able to negotiate a settlement, present evidence, or seek compensation for:
- Medical bills
- Lost income
- Pain and suffering
- Loss of companionship
- Funeral expenses (in wrongful death cases)
This is why you must act quickly and speak to an experienced attorney as soon as malpractice is suspected.
How Bounds Law Group Helps You Beat the Clock
At Bounds Law Group, we help clients understand the Orlando medical malpractice deadline and take immediate action to preserve their legal rights. Our legal team will:
- Investigate your claim to determine when the injury occurred and whether malpractice was involved.
- Identify the applicable deadline based on your unique situation.
- Send notices of intent to sue, as required by Florida’s pre-suit screening process.
- Ensure all filings are timely, complete, and backed by expert medical testimony.
Delays can cost you everything. That’s why we act fast—and fight hard.
Exceptions and Special Considerations in Medical Malpractice Deadlines
There are several nuanced exceptions that may apply to the Orlando medical malpractice deadline:
- Mental incapacitation: If the victim is mentally incapacitated at the time of the malpractice, the clock may be paused (“tolled”) until they regain capacity.
- Out-of-state defendants: If the healthcare provider leaves Florida, the statute of limitations may be tolled during their absence.
- Continuous treatment: If negligent treatment is part of an ongoing course of care, the clock may not start until the treatment ends.
Every case is different. Only a skilled attorney can correctly assess how the law applies in your situation.
The Pre-Suit Notice Requirement in Florida
Before filing a malpractice lawsuit, Florida law requires plaintiffs to send a notice of intent to initiate litigation to all potential defendants. This must include:
- A verified written medical expert opinion
- Detailed allegations of negligence
- A 90-day investigation period during which the defendants may offer settlement, reject the claim, or request arbitration
This step is mandatory, and it must occur before the statute of limitations expires. Failing to comply can result in dismissal of your case.
Don’t Wait. Take Action Now.
If you believe you or a loved one may be a victim of medical negligence, don't delay. The Orlando medical malpractice deadline could be running out.
At Bounds Law Group, we are passionate about holding negligent medical providers accountable. Our experienced trial attorneys have helped countless patients recover millions in compensation for injuries caused by malpractice.
Complete our free case evaluation form or call us now at 877-644-5122. Time is not on your side—reach out today so we can help protect your rights and start building your case.
Frequently Asked Questions About the Orlando Medical Malpractice Deadline
How can I know when the deadline started for my case?
The deadline usually starts when the injury is discovered or should have been discovered. However, this can be highly complex and fact-specific. Speak with a medical malpractice attorney immediately to get clarity.
Can I file a lawsuit after the four-year limit if I just found out about the error?
Only if you can prove fraud or intentional concealment. In that case, you may have up to seven years—but these cases are extremely difficult and require strong legal proof.
Does filing the pre-suit notice pause the statute of limitations?
Yes. The 90-day pre-suit period tolls the statute of limitations, but only if it's filed before the deadline expires.
Sources
- Florida Statutes § 95.11(4)(b) – Official state law outlining the statute of limitations for medical malpractice. Read the statute
- Florida Bar – Consumer Pamphlet on Medical Malpractice – A helpful guide for patients explaining the legal process in Florida medical malpractice cases. View pamphlet
- Florida Department of Health – Practitioner Profile Search – Tool for checking disciplinary history and malpractice claims against Florida medical providers. Check provider