Did You Know?
In accordance with the Florida Wrongful Death Act, if the victim of malpractice is over 70 years of age, only the surviving spouse can file a medical malpractice claim. If the victim's child is over 25 years of age, they will NOT be able to file a medical malpractice suit if the surviving spouse is deceased.
In Florida the statute of limitations for medical malpractice is TWO YEARS from when the patient (or sometimes a particular family member or guardian) either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. Florida also has a very harsh rule that goes along with it called the statute of repose. This rule says that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the actual incident of malpractice. So even if the patient or family does not know about the malpractice, they may not bring the claim more than four years after the malpractice occurs under most circumstances.
In general, if a spouse or loved one of a medical malpractice victim wants to review the victim's medical records, or have their lawyer review them, the health care provider can (and usually will) charge for the copies. The doctors are able to obtain all medical records free of charge.