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When Can I File a Heart Attack Misdiagnosis Claim in Florida?

Under Florida law, heart attack malpractice cases are generally governed by a two-year statute of limitations. Simple cases take up to six months to conclude. When the case is complex, it can even take up to five years for damages to be paid.

The statutes of limitations can mainly present themselves as:

  • Standard deadlines
  • Discovery rules - some people do not even know they are victims of malpractice until years after the standard deadline expires
  • Statutes of repose - absolute deadlines, regardless of when the victims discover the malpractice.

The period that it takes to conclude a medical malpractice case depends on its specificityThere are many factors that need to be considered in evaluating the time frame.

In Florida, the statute of limitations for filing a heart attack medical malpractice claim is two years from when the patient either knew or should have known that the health-endangering situation exists and there is a plausible possibility that it was caused by medical malpractice.

The more complex a case is, the longer it may take to conclude. A simple case can also take long to conclude because of disputes that arise during its resolution.

It is advisable for clients to pursue a case to its medical conclusion before taking the legal path. While the treatment is still on-going, doctors can keep offering medical solutions to resolve the issues at hand.

Simple and straight forward cases take up to six months to conclude. When the case is complex, it can take up to five years for damages to be paid.

However, this can only happen when the case is not time-barred in the first place. The statute of limitations needs to be considered on a case-by-case basis when planning to file a suit. The time limit fixed in the statute depends on the law of each state. You need to contact The Law Offices of Sean M. Cleary at the earliest convenience for a free case evaluation.

For questions and free legal advice to help individuals please call us

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.