South Florida Personal Injury Lawyers Blog
The Idaho Supreme Court recently published an opinion that affirmed a state district court’s dismissal of a medical malpractice lawsuit based on the plaintiff’s failure to file the complaint within the state’s two-year statute of limitations. The plaintiff in the case of English v. Taylor had initially filed a complaint within the two-year limitations period, but the claim against the defendant at issue was not filed until after the two-year period expired. On appeal, the plaintiff’s request for the court to construe the claim as filed on an earlier date was denied. As a result of the high court’s ruling, the plaintiff will be unable to collect damages for the injuries allegedly caused by the defendant’s negligence.
Complications During a Surgery Result in the Plaintiff Suffering a Stroke
According to a factual summary of the case included in the appellate opinion, the defendant performed a surgery on the plaintiff on September 17, 2011, which resulted in the plaintiff having a stroke. As a result of the alleged negligence of the defendant and others, the plaintiff suffered permanent disabilities and filed a negligence lawsuit against the manufacturer of a medical device that was used in the surgery. The plaintiff did not include the doctor as a defendant in the initial lawsuit. The plaintiff later filed a motion with the district court to amend their complaint and include the doctor as a defendant, although the amended complaint was not filed until after the two-year limitations period for medical malpractice claims in the state.
The Plaintiff’s Amended Complaint Is Rejected as Untimely
The district court granted the defendant’s motion to dismiss the case against them as not filed within the statute of limitations, resulting in the plaintiff’s appeal. The plaintiffs argued that since the motion to amend the complaint and add the doctor as a defendant was filed within the limitations period, and it was accompanied by a copy of the proposed amended complaint, the court should construe the amended complaint as filed within the two-year deadline. The court rejected this argument, noting that although a copy of the amended complaint was filed with the motion, the doctor was not served with the motion for the amended complaint until after the court had ruled on the motion, and the doctor was not put on notice of the possible claim against him until after the limitations period had expired. As a result of this ruling, the plaintiff’s claim against the doctor will not be considered by the court.
Florida Medical Malpractice Statute of Limitations
The statute of limitations for a Florida medical malpractice claim is described in Florida Statutes section 95.11(4)(b), and it is set at two years from the date that the harm from the alleged malpractice was or reasonably should have been discovered by the plaintiff. Regardless of the discovery rule, Florida also has a four-year statute of repose, which bars all medical malpractice claims after four years from the date of the alleged negligent act, unless the plaintiff can show fraud in connection with the case. Florida medical malpractice victims should consult with a qualified Miami malpractice attorney to discuss their case as soon as they suspect a problem.
Do You Have a Claim for Damages?
If you or a loved one has been a victim of what you believe to be medical malpractice, the South Florida medical malpractice attorneys at Friedman, Rodman & Frank can assist you with your claim. Our dedicated Miami negligence attorneys have the knowledge and competence to meet all important deadlines and procedural requirements for our clients’ cases. At Friedman, Rodman & Frank, we accept cases in the Miami area and South Florida in medical malpractice, personal injury, and other negligence cases. Contact us to arrange a free consultation. Call toll-free at 877-448-8585 or use our online form to set up a meeting today. Se habla Español / Nou Parlé Creole.
More Blog Posts:
Court Permits Wrongful Death Claim to Proceed after Personal Injury Judgment Had Been Awarded Based on Defendant’s Same Negligent Conduct, South Florida Personal Injury Lawyers Blog, published August 4, 2016.
State Supreme Court Rules in Favor of Medical Malpractice Plaintiff’s Attempt to Extend Statute of Limitations, South Florida Personal Injury Lawyers Blog, published July 15, 2016.