Statute of limitations for medical malpractice in Florida

Florida medical-malpractice claims generally must be filed within two years from the incident or from discovery with due diligence, but no later than four years from the incident. Fraud, concealment, intentional misrepresentation, and minors can affect the outer limit.

SoL period

2 years

From the date the cause of action accrues

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

Fla. Stat. § 95.11(5)(c)

"Medical malpractice must be commenced within two years, with a four-year outer limit."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Discovery rule. Florida's medical-malpractice statute includes a discovery formulation and a four-year repose period, with a longer outer limit for fraud or concealment.

Frequently asked

What is the statute of limitations for medical malpractice in Florida?: 2 years from the date the cause of action accrues. Authority: Fla. Stat. § 95.11(5)(c).
What if the injury wasn't immediately apparent?: Florida's medical-malpractice statute includes a discovery formulation and a four-year repose period, with a longer outer limit for fraud or concealment.

Medical Malpractice statute by state

California 1 year Illinois 2 years New York 2 years 6 months Pennsylvania 2 years Texas 2 years

Other Florida statutes of limitations

Personal Injury 2 years Wrongful Death 2 years Breach of Written Contract 5 years Breach of Oral Contract 4 years Fraud 4 years Premises Liability 2 years Product Liability 4 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.