As a Florida medical mistake lawyer, I have seen a lot of cases where doctors and hospitals have committed errors. It is said, “to err is human” and I agree. However, what is unforgivable and inhumane is when Florida health care providers purposely conceal their mistakes causing further injury to the patient physically and potentially destroying any legal remedies the patient may have had in the process.
Florida Statutes Section 95.11 govern the limitation of time that injured patients can initiate claims against health care providers. It dictates, in the most complex language, that essentially injured patients have two years from the date of the alleged injury to initiate a claim. If, however, the injury is intentionally concealed by the doctor, the dead line extends an additional two years from when the injury is discovered–limited to no more than seven years from the date of the mistake.
This means, Florida doctors can escape liability from malpractice if somehow they can hide their mistake from the patient for seven years. Astonishing. To literally add insult to injury, where would one hope to find this bizarre and unjust rule? Certainly not in the medical malpractice section of the Florida Statutes, but rather tucked neatly between statutes of limitations for bond enforcements and prisoner’s rights.
Our Miami medical malpractice lawyers always recommend that those suspecting a doctor or hospital has committed an error to seek both immediate medical and legal assistance.