Miami Personal Injury Lawyer Blog
The US judicial system is built upon fairness, so there are rules that require plaintiffs to act promptly when filing lawsuits. Florida’s statute of limitations applies to all personal injury matters, including medical malpractice in specialty areas like radiology. Injured patients can hold health care providers accountable for errors, but they must meet the strict deadlines.
It is critical to consult with a Miami radiology malpractice attorney right away about the relevant statute of limitations. You can also read on to learn about important deadlines.
What is the Statute of Limitations for Radiology Malpractice?
Florida gives patients just two years to file a medical malpractice lawsuit, and this rule applies to radiologists just like other doctors. If a radiologist misreads your X-ray, MRI, or CT scan in Miami, you generally have two years to take legal action. Missing that deadline can usually end your case before it starts, so acting early gives you the best chance to protect your rights.
When Does the Clock Start?
The two-year clock does not always start on the day of the mistake. Under Florida’s discovery rule, it begins when:
- You knew about the injury OR
- You reasonably should have known about it
For example, you may learn about a missed tumor after the scan. The date you discovered the error often matters more than the date of the scan, so keep every record.
An Extension on the Deadline for Medical Malpractice Claims
Florida has a statute of repose, which acts as a strict outer limit. For med mal lawsuits, you generally cannot file more than four years after the negligent act, even if you discovered the harm later. This matters in radiology because a missed finding may stay hidden for many years. If you suspect a Miami radiologist overlooked something important on your imaging, check carefully whether the four-year window is still open.
Exceptions That Can Affect Your Deadline in a Miami Radiology Malpractice Case
Some situations can change your deadline. If a provider hid the mistake through fraud or intentional misrepresentation, Florida may extend the filing period, though never beyond seven years from the date of the incident. Sending a notice of intent to sue can pause the clock for 90 days. Cases involving young children may follow different timelines. Because exceptions depend on specific facts, deadlines in Miami radiology cases vary, so confirm your exact dates.
Call Now to Speak to Our Miami Radiology Malpractice Lawyers
These deadlines are important for med mal claims, but keep in mind that there are also pre-suit requirements that impact timing. Florida law requires a thorough investigation, expert review, and formal notice before a lawsuit can move forward. This and other strict rules make radiology cases especially complex
It is crucial to retain a law firm with extensive experience in radiology malpractice to protect your rights, so please contact Gerson & Schwartz, PA at (305) 371-6000. We can schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL, to evaluate your circumstances.
