Florida Statute of Limitations for Medical Malpractice
In Florida, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Fla. Stat. § 95.11(4)(b).
- 2 years from when the incident is discovered or should have been discovered, with a 4-year statute of repose (7 years for fraud or concealment).
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from when the incident is discovered or should have been discovered, with a 4-year statute of repose (7 years for fraud or concealment).
General Florida Rules
Florida's tort reform legislation in 2023 significantly shortened the personal injury statute of limitations from 4 to 2 years. The discovery rule applies to medical malpractice and fraud claims. Florida also has specific statutes of repose for construction defects and products liability.
Other Statutes of Limitations in Florida
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Florida?
The statute of limitations for medical malpractice in Florida is 2 years. Citation: Fla. Stat. § 95.11(4)(b).
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When does the clock start for medical malpractice in Florida?
2 years from when the incident is discovered or should have been discovered, with a 4-year statute of repose (7 years for fraud or concealment).
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Can the statute of limitations for medical malpractice be extended in Florida?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.