Florida Nursing Home Laws

Florida Nursing Home Injury Law | Personal Injury Firm

Nursing Home Negligence or Abuse

Statute of Limitations Fla. Stat. Section 400.0236

  • 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)

Medical Malpractice

Statute of Limitations Fla. Stat. Ann.§ 95.11(4)(b)

  • 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.

Wrongful Death

Statute of Limitations Fla. Stat. Ann., § 95.11(4)(d)

  • Two years from the incident giving rise to the death.

Damages Cap

  • None. Caps ruled unconstitutional on July 1, 2015.

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