What Is the Statute of Limitations for Medical Malpractice for Minor Children in Florida
Gregg Hollander | August 13, 2025 | Medical Malpractice
If you suspect your child has been harmed due to a medical professional’s oversight or error, you might have a valid reason to pursue a medical malpractice lawsuit. However, it’s crucial to understand that if your case isn’t filed within Florida’s specific time limits for medical malpractice claims involving minor children, you could lose the opportunity to secure the financial compensation and support your child needs and deserves.
At Hollander Law Firm, we can help you understand how the Florida medical malpractice statute may impact your ability to file a lawsuit. Our firm has decades of experience representing adults and minors who have been hurt by negligent, reckless, or careless medical professionals. We are here to ensure you aren’t alone in your journey towards justice for your child.
What is the Statute of Limitations for Medical Malpractice Cases in Florida?
The Florida medical malpractice statute of limitations refers to the legally defined time period within which a person must file a lawsuit. After this strict deadline passes, pursuing compensation and justice is generally not possible.
How long do you have to file a medical malpractice lawsuit in Florida?
As an adult, you have 2 years to file a medical malpractice lawsuit. This period typically begins either from the date the medical error occurred, or from the date the injury was discovered, or should have been discovered through reasonable diligence.
However, there is also a firm cutoff known as a “statute of repose.” This means that regardless of when an injury was discovered, a lawsuit cannot be initiated more than 4 years from the date the original incident or occurrence took place. Therefore, even if an injury isn’t discovered until after this 4-year period, a lawsuit usually cannot be filed. There are specific exceptions to this rule, particularly when minor children are involved. This is outlined in Florida Statute 95.11(5)(c) and explain the details below as well.
What Are The Differences for Statute of Limitations in Cases Involving Minors in Florida
Florida law understands that when a child is hurt by a medical error, it might not be obvious right away. As an infant develops, their injury may not be evident until they dont reach milestones, or may have trouble with learining, hearing, seeing as they become more proficient in communicating the issues.
Because of this, there are specific rules for minors that change the standard statute of limitations. Here’s how it works, as explained in Florida Statute 95.11(5)(c):
- A Special Rule for Young Children: While the general 2-year “discovery” period and the 4-year “absolute limit” in place for adults still apply, that 4-year limit is set aside if a lawsuit is filed for a child on or before their eighth birthday. This is really important: it means a medical malpractice lawsuit for a child can still move forward even if more than four years have passed since the original incident, as long as the case is filed by the child’s 8th birthday. This special rule overrides the usual 4-year maximum for adults. It’s also key to remember that this doesn’t mean parents can just wait around; they still need to act promptly once they become aware of an injury.
- When the Medical Provider Hides the Truth (Fraud or Concealment): If a medical provider actively tried to hide the injury or mislead you about what happened, the time you have to file a lawsuit can be stretched. You’d get an additional 2 years from when you actually found out about the hidden injury, or when you reasonably should have found out. However, there’s still an overall cap: the lawsuit must generally be started no more than 7 years from the date the original medical incident happened.
- Important Point for Kids and Hidden Injuries: Even with that 7-year ultimate limit for cases involving fraud or concealment, this 7-year period doesn’t block a lawsuit if it’s filed for a child on or before their eighth birthday. So, if a medical professional covered up a serious mistake, and the child is still under eight years old, their claim might be able to go forward even if it’s past the usual 7-year mark.
The bottom line is, you should never delay or assume you have unlimited time to file a medical malpractice case for your children. These laws are quite detailed, and it’s always wise to talk with a medical negligence attorney as soon as you even suspect there was an injury. They can help you understand the specific deadlines for your child’s situation and guide you toward the best legal path.
How Do You File a Lawsuit for Medical Malpractice in Florida?
Medical malpractice lawsuits are usually quite complex, especially for parents trying to meet the needs of an injured child. To stay in compliance with the statute of limitations under Florida law, consider taking the following steps:
- Schedule a free case evaluation with our medical malpractice attorneys in Florida. During your consultation, we will discuss your legal options, begin the investigative process, and understand how to overcome challenges to help secure a favorable outcome.
- Provide us with all necessary documents. It’s helpful to give a copy of all medical records, incident reports, and anything else relevant to your child’s case to your attorney. If you had any trouble getting these documents, share that with your lawyer so they will be aware of potential concealment of facts by the medical professionals in question. We can also help with obtaining information if you’re hitting roadblocks in your search.
- Carefully follow your attorney’s instructions. Our personal injury lawyers are your allies in the fight for justice for your child. We will provide you with guidance that can help you avoid unintentionally saying or doing anything that could harm your child’s case.
Our team can help you navigate the complexities of Florida medical malpractice cases, ensuring all actions are taken within the strict legal deadlines. Whether your child experienced a misdiagnosis, medication errors, a physical injury, or something else entirely, our team can help gather evidence and obtain expert testimony to support the facts, demonstrating that the medical provider’s failures caused your child harm.
How Will a Medical Malpractice Lawyer Handle My Child’s Case?
Our team of lawyers use a variety of tactics to ensure they have the right evidence and information to support your case. This work helps them from discovery through mediation and even into trial if your case proceeds down that avenue.
Here are just a few things we do in the process of handling your medical malpractice case:
- Gathering and Reviewing Evidence
Our team will partner with you to gather important evidence, like medical records, prescription information, case law and more to create a timeline of your child’s injury. By carefully reviewing this evidence, the lawyer can consult with experts to determine exactly when and how the harm happened, strengthening your case. - Consulting with Medical Professionals
We review cases with a variety of medical experts who can offer important insights into when and why the injury occurred. Their professional expertise can help us ensure the injury falls within the statute of limitations for minors injured by medical professionals in Florida. If the injury wasn’t discovered right away, these experts may be able to provide information to help us extend the deadline for filing. - Interviewing Witnesses
Witnesses like nurses, food service professionals, doctors, and other hospital, clinic, or facility workers can provide crucial details about the events that led to the injury. Their testimony can support your claim by showing the healthcare provider’s negligence and can help counter any arguments made by the other side. - Investigating the Healthcare Facility
Our team will review the history of the healthcare facility where the injury happened. If there’s a pattern of repeated mistakes that were adjudicated in the victim’s favor, your own case could be strengthened if prior cases are present and can be cited. - Reviewing Hospital Policies and Procedures
Sometimes, the hospital’s rules and procedures can reveal why mistakes weren’t caught sooner. If these policies were flawed, it might even uncover fraud or concealment, which can extend the time you have to file the case by up to seven years. - Working with Reconstruction Experts
Our experts & outside consultants will use evidence and information obtained to recreate the events to show exactly how and when the mistakes occurred during negotiations and, if necessary, trial. This detailed reconstruction supports your timeline, ensuring your claim is filed within Florida’s legal limits. - Handling the Insurance Company
Insurance companies often try to downplay or deny claims, especially as the statute of limitations approaches. They will respond slowly, or not at all. Our lawyers hold them accountable and handle these negotiations, doing all we can to ensure you and your child get fair compensation for medical costs, pain and suffering, and lost wages. - Representing You in Court
If the responsible party refuses to offer a fair settlement and/or take responsibility, our lawyers will represent you in court. With our experience in medical malpractice cases in Florida, we’ll fight for your child’s rights and seek justice for the harm done, potentially preventing similar incidents in the future.
What Injuries Qualify For a Medical Malpractice Claim?
Many types of injuries caused by medical products or personnel may be eligible for compensation, but only if lawsuits are filed within Florida’s strict medical malpractice statute of limitations. Examples of injuries that may be eligible for compensation include:
- Birth injuries such as cerebral palsy, traumatic brain injuries (TBI), or brachial plexus injuries.
- Misdiagnosis or delayed diagnosis leading to worsened conditions and delays in treatment or remedy.
- Surgical errors may cause harm through negligence – such as leaving materials or instruments in the body, damaging nerves or organs, or using unsterile equipment or failing to follow proper surgical techniques.
- Medication errors resulting in adverse effects such as allergic reactions or overdose.
- Anesthesia-related injuries during medical procedures such as dental damage, nerve damage, oxygen deprivation and more.
These injuries may require expensive ongoing medical treatment and care, which can result in significant financial burdens for you and your family. Recover the fair settlement you deserve to give your child the best life possible with the help of experienced legal professionals.
Hollander Law Firm | Florida Medical Malpractice Lawyers Ready To Help You In Your Fight For Justice
The statute of limitations in Florida for minors who suffer medical malpractice injuries can vary depending on the specific circumstances of each case. What doesn’t change is the fact that if you miss the deadline for your case, you may lose your right to hold the negligent party accountable for their actions.
At Hollander Law Firm, our award-winning medical malpractice lawyers understand the complexities of these cases and have years of experience fighting for children injured by negligence, recklessness, or carelessness. We are committed to helping families in Florida pursue the compensation they deserve for their child’s injuries, while holding medical professionals and institutions accountable for their actions.
Time is of the essence to pursue a medical malpractice lawsuit for minors in Florida. Contact Hollander Law Firm online or at (561) 677-2795 for a free case evaluation that can help your child find justice.