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How fast does the clock start and why two years vanish quickly?
Florida Statute §95.11(4)(b) gives injured patients just two years from the date they knew or should have known the injury was linked to medical care. Hospital incident reports rarely flag faults plainly, so many families lose months piecing clues together. Percy Martinez issues HIPAA compliant record requests within 24 hours of intake, converts cryptic chart codes into plain English, and freezes metadata before providers overwrite audit logs, safeguarding your right to sue across Florida.
The 2-4-7 rule: statute of repose and the outer seven year wall
Even if injury discovery is delayed, Florida’s four year statute of repose ends most claims exactly 1,461 days after the malpractice event. The only path past that wall is proving fraud, concealment, or a foreign body, then a final seven year cap applies. Supreme Court opinions such as Kush v. Lloyd confirm the repose’s constitutionality, underscoring why Percy Martinez accelerates expert reviews well before the calendar turns fatal.
Pediatric and incapacitated patients: the eighth birthday exception
Florida pauses the repose for children injured before age eight, letting parents file on or before the child’s eighth birthday regardless of the four year limit. Cases like Tanner v. Hartog reveal how courts interpret infancy tolling and discovery in obstetric claims. Percy Martinez blends neonatology experts with life care planners to capture decades of therapy costs, securing payouts that finance schooling and adaptive housing for young survivors.
Fraud, concealment & foreign bodies: when the clock pauses
If a provider hides records, lies about outcomes, or leaves a sponge inside a patient, the statute tolls until discovery, subject to the seven year ceiling. Our firm subpoenas credentialing files and OR counts to expose cover ups, then cites Section 95.11(4)(b)‘s fraud tolling in presuit notices, compelling insurers to negotiate rather than risk jury anger.
Continuous treatment & emerging tolling theories
Florida hasn’t fully adopted the continuous treatment doctrine, but recent federal decisions highlight momentum toward extending time while care continues under the same enterprise. Percy Martinez tracks these rulings, filing protective tolling motions whenever clients remain under follow up care, ensuring no deadline cuts off a still evolving injury.
Table 1: Florida medical malpractice deadlines
| Timer | Default rule | Key exceptions | Statutory cite |
|---|---|---|---|
| Discovery | 2 years from when injury should be known | Fraud, concealment, foreign body tolling | §95.11(4)(b) |
| Repose | 4 years from incident | Minors ≤8 yrs; fraud tolling | §95.11(4)(b) |
| Ultimate cap | 7 years | Fraud or concealment proven | §95.051 |
Rapid response roadmap: Percy Martinez keeps claims alive
Missing the presuit window can nullify even iron clad negligence. Our zero fee audit verifies dates, drafts expert affidavits, and serves the statutory notice within 90 days, pausing the countdown under Chapter 766 while settlement talks begin. Throughout, clients access an encrypted portal: ADA compliant, Spanish and Braille ready, tracking every filing from Miami to Pensacola.
Next step before the clock strikes: free legal audit statewide
Call (800) 382-3176 today. One conversation can rescue a claim otherwise lost to the calendar, turning expired hope into funded recovery across Florida’s courts because justice should never depend on a missed date.
