Miami Personal Injury Lawyer Blog
For all criminal and civil cases in Florida, there are legal deadlines that parties must meet to enforce their rights. Florida’s statute of limitations is extremely important for private litigants with personal injury cases, since missing the relevant deadlines could put an end to the claim.
However, there are particular concerns for parents seeking to hold a health care provider accountable for birth injuries. You could be facing different deadlines depending on the circumstances, so trust a Miami birth injuries lawyer to advise you on the statute of limitations.
Florida’s Statute of Limitations in Birth Injury Claims
The standard statute of limitations for medical malpractice is generally two years, measured from the date the injury occurred. However, many birth injuries are not immediately apparent, such as:
- Cerebral palsy
- Hypoxic-Ischemic Encephalopathy (HIE)
- Cognitive and developmental delays
In these cases, the discovery rule is a vital exception that provides essential flexibility for parents seeking justice. This rule allows the two-year clock to begin only when the injury is actually discovered or should have been discovered with due diligence.
Birth Injuries and the Eight-Year Deadline
While the discovery rule offers flexibility, Florida law imposes a restriction to limit how long a provider can be held liable. For some birth injury claims, this rule allows parents to pursue a claim until the child’s eighth birthday, regardless of when the malpractice was discovered. This extended window recognizes that neurological impairments may take years to fully manifest.
Note the Five-Year Window for Florida Some Families
Many Miami birth injuries fall under the Florida Birth-Related Neurological Injury Compensation Association (NICA), a no-fault program that provides compensation for specific brain or spinal cord injuries. If your healthcare provider participates in NICA, you generally cannot sue for malpractice; instead, you must file a NICA claim.
Crucially, the deadline to file for benefits is the child’s fifth birthday. Missing this five-year window can permanently bar a family from receiving covered medical expenses and specialized nursing care.
Critical Pre-Suit Requirements for Medical Malpractice in Miami-Dade County
Florida’s medical malpractice statute includes key requirements for prospective plaintiffs before filing a birth injury lawsuit. During this phase, the claimant must:
- Conduct a pre-suit investigation
- Deliver notice of intent to initiate litigation
- Provide a verified written medical expert opinion regarding breach of the standard of care
This phase effectively pauses the statute of limitations, as long as the plaintiff complies with all requirements.
Call Our Miami Birth Injuries Attorneys for Additional Information
It can be overwhelming for parents to meet all deadlines when also caring for their injured child, so legal help is critical. Beyond the primary statutes of limitations, it is also necessary to meet all pre-suit requirements, including the mandatory investigation and expert corroboration.
The team at Gerson & Schwartz, PA, understands the complexities of Florida birth injury laws, so we are prepared to manage every procedural detail for your family. Please call (305) 371-6000 or go online to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
