Florida parents confronting a birth injury crisis face a stopwatch the moment harm appears: a two year medical malpractice clock, a four year statute of repose, and a unique “Tony’s Bill” extension that lets children sue until their eighth birthday. Separate from those windows, NICA gives just five years to file no fault neurological claims. Missing any deadline can erase your family’s right to lifetime care. Below is the only Florida specific guide that maps every timer, explains the evidence rules that pause them, and shows how Percy Martinez preserves claims from Miami to Tallahassee with 48 hour record audits and statewide filing teams.
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Why Florida’s Birth Injury Deadlines Start So Soon
Florida law treats birth injury suits as medical malpractice actions, so the clock generally starts when a parent discovers or should have discovered negligence, triggering a two year limit. Courts apply the “reasonable parent” test: if a neonatal ER admission or missed milestone reveals possible malpractice, delay can bar the claim even before school age. Percy Martinez’s nurses review fetal monitor strips, discharge summaries, and pediatric notes within 48 hours of intake, ensuring discovery dates are documented and defensible across Florida.
The Two Year Statute and Florida’s Four Year Repose
Section 95.11(4)(b) sets a strict two year filing deadline for malpractice suits; Section 95.11(4)(b) also bars actions filed more than four years after the injury, even if discovery came later. Serving the presuit notice required by §766.106 tolls both periods for 90 days while experts evaluate merit, giving our team breathing room to negotiate or prepare the complaint. Because Percy Martinez files notices electronically the same day records arrive, families rarely lose time to mail or courier delays.
Tony’s Bill: The Rare Age Eight Extension
Florida’s “Tony’s Bill” lets children injured at birth file malpractice suits until their eighth birthday if the negligence was not and could not reasonably have been discovered sooner. Courts strictly construe this grace period, denying it when parents missed obvious signs, so we secure sworn pediatric timelines and developmental assessments to prove late discovery before invoking the statute. This strategy preserved a cerebral palsy claim Percy Martinez filed six weeks before a Broward County child turned eight, leading to a confidential seven figure settlement.
NICA’s Five Year No Fault Window vs. Malpractice Deadlines
Families alleging brain or spinal injuries may choose Florida’s Birth Related Neurological Injury Compensation Association, which requires petitions by the child’s fifth birthday. Because a NICA claim forecloses later malpractice suits, we run parallel investigations: neurology for NICA, negligence for litigation, so parents decide with full information before either clock expires. Percy Martinez leverages bilingual staff and electronic filings to meet the Tallahassee based fund’s paperwork rules without delaying court options.
Tolling Rules: Fraud, Concealment, and Good Faith Certificates
If hospitals hide records or falsify logs, Florida tolls the two and four year limits up to seven years, but proof of intentional misrepresentation must be clear and convincing. Counsel must also file a §766.104 certificate affirming that a qualified expert found negligence, or the court will dismiss the case on day one. We secure board certified obstetricians within 30 days, preventing dismissal and preserving tolling arguments tied to hidden errors.
Wrongful Death and Parental PTSD Claims: Separate but Faster Clocks
When a birth injury proves fatal, the wrongful death statute gives just two years from the date of death, regardless of the child’s age. Mothers suffering post traumatic stress must also sue within the standard two year malpractice window, making rapid psychological evaluation crucial. Percy Martinez partners with perinatal mental health specialists who provide diagnostic affidavits within one week, anchoring PTSD damages before insurers challenge timing.
Your Next Step: A Free 30 Minute Deadline Audit
Upload your delivery records or call (800) 382-3176. Within one business day our attorneys map every applicable deadline, draft the presuit notice, and schedule expert reviews so no clock runs out while you decide. Serving families across Miami, Tampa, Orlando, Jacksonville, and every Florida county, Percy Martinez turns legal deadlines into strategic advantages.
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