South Florida Personal Injury Lawyers Blog
A July 2025 decision from the Third District Court of Appeal highlights the critical importance of timing in medical negligence cases. In Daisha Ervin v. Sergio A. Alvarez, M.D., et al., the court affirmed the dismissal of a malpractice complaint after finding the claimant failed to file within legal deadlines. If you believe you were harmed by medical treatment, you must consider both the discovery rule and the hard statute of limitations.
Medical malpractice claims in Florida must be filed within two years from the time the injury is or reasonably should be discovered, or within four years of the negligent act itself. In this case, the patient argued she only learned of the harm years after treatment. The court rejected that as a basis for extension because supporting evidence did not meet the legal threshold.
How the Court’s Ruling Reinforces Deadline Discipline
Your right to compensation depends not only on injury but also on procedural compliance. Florida’s statute requires timely action and allows limited exceptions when delayed discovery applies. However, the claimant cannot rely on vague or retrospective awareness. The court requires evidence that a reasonably diligent person could not have known of the harm earlier.
In Ervin, expert testimony did not satisfy the standard. It did not demonstrate why the late discovery exception should apply. The court emphasized that general medical surveillance or late symptoms are not enough to overcome the cut‑off date. Filing even a few days late after the two‑year discovery window can result in dismissal.
What That Means If You Suspect Medical Mistreatment
If you believe a medical provider did not meet the required standard of care, it is essential to take immediate steps. Begin by notifying the involved parties using the proper notice of intent forms. Then consult medical professionals to evaluate whether your injuries could have been discovered earlier with reasonable care. Waiting to contact experts or delaying the formal claim process may seriously weaken your case.
Even if symptoms appear long after treatment, you still need to prove that a careful and observant patient would not have discovered the issue any earlier. Courts require clear records showing when problems began and when healthcare providers recognized them. Without that kind of proof, your claim may be dismissed, even if the care itself was negligent.
Building a Strong Claim Within Florida’s Limitations Framework
Closing the timing gap requires precise calculation. Your legal team should review medical records thoroughly for the first signs or warnings. Evidence of patient complaints, follow-up visits, or referrals may mark the discovery point. Expert medical opinions should detail why earlier detection was not possible and support the timing asserted in your claim.
Your lawyers must file both a presuit notice and a complaint within the applicable period. Florida courts expect full compliance. If you miss the filing window, even if harm is ongoing or severe, you may lose your opportunity altogether.
Why Legal Representation Makes a Difference in Timing Issues
Cases like this illustrate how easily a deserving claim can collapse on technical grounds. You may have suffered real harm. Justice may seem within reach. But courts will not excuse procedural gaps. A qualified injury lawyer knows how to preserve exceptions, document discovery timelines, and present a coherent argument aligned with medical evidence.
Skilled attorneys also identify other legal theories that may extend timelines, such as fraud or intentional ongoing failure to disclose a condition. Even then, these arguments must be carefully crafted and supported. Courts remain strict about framing the discovery rule precisely.
Explore Your Medical Malpractice Claim Before It Expires
If you have care concerns received from a doctor, hospital, or other health provider, do not wait. Timelines in Florida medicine-related claims run quickly. Evidence may disappear, records may become harder to access, and memories may fade. Acting early gives you the chance to preserve documents, gather expert support, and build a persuasive claim.
Speak with a Florida Medical Malpractice Attorney About Your Legal Options
Call Friedman Rodman Frank & Estrada at (305) 448-8585 for a free review of your situation. If you suspect medical negligence, our firm provides detailed assistance in evaluating filing windows, notice requirements, and expert evaluation. We help prevent timing gaps from robbing you of recovery that may otherwise be available under Florida law.