Nursing Home Negligence or Abuse
- Any action for damages against nursing homes and related health care facilities shall be commenced within two years from the time the incident was discovered or should have been discovered.
- In no event shall the action be commenced later than four years from the date of the incident.
- Claims for injury brought against the State of Florida, its agencies and its subdivisions, must be commenced within four years after the claim accrues unless based on medical malpractice. Fla. Stat. Section 768.28(13)
- Two years from when the injury was discovered, or reasonably should have been discovered.
- No action can be brought more than four years after the injury occurred.
- If it is demonstrated that the defendant’s fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury, then the statute of limitations is extended for two years.
- In no event shall the statute exceed a total of seven years from the date of the incident.
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- Two years from the incident giving rise to the death.
- None. Caps ruled unconstitutional on July 1, 2015.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.