The statute of limitations in Miami medical malpractice cases is often two years from the date of the incident or two years from the date an injury is discovered. There are a few exceptions to this two-year rule, and Florida has a statute of repose that states a claimant can, under certain circumstances, extend the statute to four years to file their lawsuit.
At Kaire & Heffernan, PLLC, we can help you determine if you have a solid case for a medical malpractice lawsuit, even if it has been more than two years since the incident occurred. Our seasoned, compassionate medical malpractice attorneys are ready to help you collect the funds you deserve for your injuries. If you or a family member was badly hurt by a provider, underwent the wrong procedure in a surgery setting, or contracted a serious illness while hospitalized, we can help.
Beyond the two-year statute of limitations in malpractice cases, some victims have four years to make a claim. The court understands that it may take months or years for a person to discover a surgical error or some other type of negligence.
For instance, if a woman underwent a hysterectomy — removal of uterus and ovaries — and then discovers herself pregnant three years later, she would still have a case, even though her discovery was beyond the two-year statute of limitations for medical malpractice cases in Miami. It is plain that she did not receive the surgery or that it was done incorrectly.
If a victim of medical malpractice in Miami discovers fraud and concealment on behalf of their medical care provider, the statute of limitations is extended another two years.
For example, if a person has cosmetic surgery and later discovers the surgeon was not licensed at the time of the surgery, the statute of limitations will be extended by two years. The surgeon may have been behaving fraudulently by claiming they were licensed or concealing the fact that their license was revoked.
A victim of surgical errors or any other type of medical malpractice should contact an experienced attorney immediately upon discovering the mistake. This is especially true if they believe the date for the statute of limitations is approaching or if they think the deadline has passed.
The date of discovery is important, and documentation is key. Individuals who may be victims of any medical malpractice should retain copies of their records, which will help prove the discovery date to the court.
Every medical malpractice case is unique. The attorneys at Kaire & Heffernan have experience with the statute of limitations in Miami medical malpractice cases.
Whether your illness or injury happened a few weeks ago, a few months ago, or longer, we can help you pursue the compensation you are owed. Our skilled lawyers have experience with cases just like yours, even if you believe your case may be beyond the statute of limitations. Contact us today to schedule a consultation and meet the team. We look forward to hearing about your unique case.
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