Medical Malpractice Statute of Limitations in Florida

Last verified 2026-07 · Source: Fla. Stat. § 95.11(5)(c) ✓ verified · 3 sources

Florida law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is Fla. Stat. § 95.11(5)(c), and the clock generally starts on Date of incident, or date injury is discovered or should have been discovered with due diligence. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Florida Deadlines for Related Claims

When the Clock Starts

In Florida, the limitations period for medical malpractice claims generally begins on Date of incident, or date injury is discovered or should have been discovered with due diligence. Florida recognizes a discovery rule for this claim type: 2-year SOL runs from discovery or constructive discovery; absolute 4-year repose from date of incident; extended to 7 years if fraud, concealment, or intentional misrepresentation prevented discovery. Presuit notice under § 766.106 tolls the SOL for 90 days.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Claims against government entities require written notice to the agency and FL Dept. of Financial Services within 3 years (§ 768.28); sovereign immunity caps of $200K per person / $300K per incident apply.
• Damage caps: No caps on economic or noneconomic damages (caps struck down as unconstitutional in Estate of McCall v. United States, 2014, and North Broward Hospital Dist. v. Kalitan, 2017); punitive damages capped at greater of 3x compensatory or $500K under § 768.73.

HB 837 (2023) changed general negligence SOL from 4 to 2 years but did not alter the medical-malpractice provision; a 2024 amendment inserted a new subsection (4) for medical debt, pushing med-mal from (4)(c) to (5)(c). 90-day presuit notice required under § 766.106 before filing suit.

Source: Fla. Stat. § 95.11(5)(c), official Florida statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Florida government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Florida Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Florida attorney.