A medical malpractice case varies greatly from other negligence cases on numerous fronts. Perhaps one of the most significant differences between medical malpractice cases and other negligence cases such as slip and fall and/or motor vehicle cases is the shortened time frame in which one has to bring a medical malpractice case. Many of the individuals we talk with regarding potential medical malpractice cases are simply unaware that medical malpractice cases have a two (2) year statute of limitations. Our Tampa Medical Malpractice Attorneys have litigated numerous medical negligence cases and are familiar with the stringent requirements that must be met in order to pursue a medical malpractice case.
An action for medical malpractice must be commenced "within two (2) years from the time of the incident is discovered, or should have been discovered with the exercise of due diligence". In malpractice cases, the statute of limitations is commenced with the filing of a lawsuit. There is a four (4) year statute of repose that is commenced with the filing of a lawsuit or a petition for an automatic 90-day extension of the statute of limitations.
However, the question of when the statute of limitations for a medical malpractice case actually begins can be rather troublesome. Cases interpreting this issue have generally stated that the statute of limitations is triggered when there is a "reasonable possibility" that an injury has occurred by medical malpractice. Often times the more severe the injury, the greater likelihood that the statute of limitations has started and it is, therefore, extremely important for you to contact a malpractice attorney who can answer your questions.
Mandelbaum Trichler Law Center, Tampa Wrongful Death Attorneys, continue to represent individuals who have suffered injuries or harm from negligent medical care and treatment. Our attorneys litigate malpractice cases throughout Florida including Hernando, Hillsborough, Pasco, Pinellas, Manatee, Sarasota, Polk and Orange County. If you or a loved one has been harmed as a result of medical negligence, please contact us, your Tampa Personal Injury Attorneys.