Florida medical malpractice deadlines: how long you have to act.

In Florida, a medical malpractice lawsuit generally must be filed within 2 years. The 2 years can run from when the incident happened, or from when it was discovered or should have been discovered. Either way, it can’t be filed more than 4 years after the incident, unless an exception applies (Fla. Stat. § 95.11(5)(c)).

The main exceptions and special rules:

• Children: the 4-year limit doesn’t bar a claim brought for a child on or before the child’s 8th birthday.
• Concealment: if fraud, concealment, or intentional misrepresentation hid the injury, the limit can extend, up to 7 years after the incident.
• Presuit: the investigation and notice Florida requires before a lawsuit can pause the clock, and a 90-day extension is available.
• Other rules: government providers, federal facilities, nursing homes, and certain birth injuries have their own deadlines.

These are general rules, not legal advice. Deadlines depend on the exact facts, so speak with an attorney about your dates.

Florida’s law gives two possible starting points: the date of the incident, or the date the incident was discovered or should have been discovered “with the exercise of due diligence” (§ 95.11(5)(c)).

That second starting point matters because many medical problems aren’t obvious right away. A missed diagnosis may only come to light when another doctor finds it. A surgical problem may take months to show. The clock can start when you knew, or with reasonable care should have known, about the incident, not necessarily on the day of the care.

When exactly someone “should have known” is often disputed. Don’t assume the clock started late. Write down when the care happened and when you first learned something may have gone wrong, and give both dates to an attorney.

Even if a problem isn’t discovered for years, Florida sets an outer limit: a medical malpractice lawsuit can’t be filed more than 4 years after the incident (§ 95.11(5)(c)). This is often called a statute of repose. It applies no matter when the problem was discovered, with the exceptions for young children and concealment described below.

So a problem discovered 3½ years after the care may leave only a few months to act, and one discovered after 4 years may already be too late unless an exception applies.

The 4-year outer limit doesn’t bar a claim brought on behalf of a child on or before the child’s 8th birthday (§ 95.11(5)(c)). That gives families of young children more time when an injury only becomes clear as the child grows.

The 2-year limit that runs from when the incident was, or should have been, discovered can still apply. So once a family has reason to believe care may have caused harm, it’s important to speak with an attorney soon rather than wait for the child’s 8th birthday. See birth injuries for more on concerns about a baby’s care.

If fraud, concealment, or intentional misrepresentation of fact kept the patient from discovering the injury, Florida extends the deadline to 2 years from when the injury was, or should have been, discovered. Even then, the claim can’t be brought more than 7 years after the incident, except for a claim brought for a child on or before the child’s 8th birthday (§ 95.11(5)(c)).

Showing concealment takes evidence, such as altered records or false statements about what happened. If you believe something was hidden from you, tell an attorney, and keep copies of everything you were given.

Florida’s definition of an action for medical malpractice includes claims for damages because of a death (§ 95.11(5)(c)). So when a death may have been caused by medical negligence, the same medical malpractice time limits generally apply, along with Florida’s presuit requirements.

Florida also limits what some family members can recover in these cases. Children who are 25 or older can’t recover for lost companionship or their own pain and suffering when a parent dies from medical negligence (§ 768.21(8); § 768.18(2)). A wrongful death claim is usually brought by the estate’s personal representative, so families should speak with an attorney early about who can act.

Florida doesn’t allow a medical malpractice lawsuit to be filed right away. First comes a presuit process:

• Investigation and expert opinion. The patient’s side must investigate and get a verified written opinion from a qualified medical expert that supports the claim (§ 766.203(2)).
• Notice of intent. A notice of intent to begin litigation goes to each provider involved, and it must be served within the time limits in § 95.11 (§ 766.106(2), (4)).
• 90-day review. A lawsuit can’t be filed for 90 days after the notice is delivered, while the provider and its insurer review the claim (§ 766.106(3)).

The deadline is paused from the time the notice is mailed through the 90-day review. If both sides agree to extend the review, the pause continues, and when those talks end the patient has 60 days or the rest of the limitations period, whichever is longer, to file (§ 766.106(4)).

Separately, a claimant can get an automatic 90-day extension of the statute of limitations by filing a petition with the clerk of the court where the suit will be filed. It exists to allow time for the required investigation, it adds to other tolling periods, and it can’t revive a claim that has already expired (§ 766.104(2)).

Because the expert review and notice take time, attorneys usually need to start well before the deadline. Waiting until the last few weeks can leave too little time.

Claims under Florida’s nursing home residents’ rights law have their own statute of limitations. It mirrors the 2-year and 4-year limits, but the concealment extension is capped at 6 years after the incident, not 7 (Fla. Stat. § 400.0236). Whether a claim about a nursing home falls under that law, the medical malpractice rules, or both depends on the facts.

Florida has a no-fault program for a limited class of birth-related neurological injuries, run by the Florida Birth-Related Neurological Injury Compensation Association (NICA). A claim for compensation under the program is barred if it’s filed more than 5 years after the baby’s birth (§ 766.313).

Where the program is the exclusive remedy, the usual medical malpractice statute of limitations doesn’t apply (§ 95.11(5)(c)). Whether an injury is covered is decided in an administrative proceeding (§ 766.301(1)(d)), so this is a question for an attorney early on.

• Write down the dates: when the care happened, and when you first learned or suspected something went wrong.
• Request your medical records and keep bills, discharge papers, and anything you were given.
• Note who provided the care, including whether it was a public hospital, a VA or military facility, or a nursing home, since different rules may apply.
• Speak with an attorney soon. Only an attorney can tell you which deadline applies and how much time is left.

You can tell us what happened in a few short questions, and we’ll connect you with a participating Florida medical malpractice attorney, one firm at a time, only with your approval. Or read how to find and check a Florida attorney.

This guide summarizes the 2026 Florida Statutes and federal law. It is general information, not legal advice.

• Fla. Stat. § 95.11(5)(c): medical malpractice limitations, 4-year limit, children, concealment
• Fla. Stat. § 766.104: reasonable investigation; 90-day extension
• Fla. Stat. § 766.106: presuit notice, 90-day review, tolling
• Fla. Stat. § 766.203: presuit investigation and expert opinion
• Fla. Stat. § 768.21 and § 768.18: wrongful death damages and definitions
• Fla. Stat. § 768.28: claims against the state and its agencies and subdivisions
• Fla. Stat. § 400.0236: nursing home claims
• Fla. Stat. §§ 766.301–766.313: NICA
• 28 U.S.C. § 2401(b): federal tort claims