The Florida statute of limitations for birth injuries refers to the time limit within which legal action can be taken against medical professionals and healthcare providers, or other entities responsible for any negligence or malpractice that resulted in a birth injury. These injuries can have permanent or long-lasting and devastating effects on both the child and their family, often requiring extensive and expensive medical care and support throughout their lives. It is crucial for affected parties to understand their rights and the timeframe within which they can pursue legal remedies.

The statute of limitations for birth injuries in Florida follows the state’s medical malpractice statute of limitations, which is two years from the date of the injury or the date the injury should have been discovered through reasonable diligence. However, there are certain exceptions to be aware of:

Discovery Rule

In some cases, birth injuries may not be immediately apparent, and their effects may show up later in the child’s life. In these types of situations, the statute of limitations may start from the date the injury was discovered or when it should have been reasonably discovered through medical examination and evaluation.

Statute of Repose

Florida has a so-called statute of repose, which sets an absolute deadline for bringing a medical malpractice lawsuit regardless of when the injury is discovered. In most cases, this deadline is four years from the date of the negligent act or omission. However, for birth injuries to minors, the statute of repose may be extended to the child’s eighth birthday, depending on the circumstances of each case.

Wrongful Death

If a birth injury leads to the death of the child, the statute of limitations for wrongful death in Florida is generally two years from the date of death.

Exceptions and Changes to Laws and Statutes

It’s important to note that laws and statutes are subject to change. Therefore, it is imperative to consult with a qualified attorney who specializes in medical malpractice and birth injury cases to understand the current laws and how they apply to a specific situation.

Seek Legal Guidance as Soon as Possible

Birth injury cases are frequently complex and require a thorough investigation to determine liability and damages. If you believe your child has suffered a birth injury due to medical negligence, contact us as soon as possible to ensure your rights are protected. A Haliczer Pettis & Schwamm Fort Lauderdale birth injury lawyer can help you determine if you have a valid claim.