What is a 90 Day Extension to File a Medical Malpractice Case in Florida?

Senior Justice

Wondering how you obtain a 90 day extension of time to file your Florida medical malpractice case? Our Florida medical malpractice lawyers explain the process.

With Florida Med Mal Claims, Time is of the Essence…

You know that Florida medical malpractice claims have a strict two year statute of limitations. Within this two year time period, you must obtain the pertinent medical records and get an expert affidavit attesting to the medical provider’s negligence. Both of these requirements take time. Usually, months. This means you have no time to delay. So if you are running short on your statute of limitations period, what can you do? Buy more time.

File a 90 Day Extension to Move Back the Statute of Limitations Period on Your Florida Medical Malpractice Case

Using 766.104(2) of the Florida Statutes, you can buy 90 more days on your medical malpractice case’s statute of limitations. Procedurally, you should file a Petition for Extension with the Clerk of Court where you will file your lawsuit. The Petition typically costs $42. Once the payment is received and the petition is filed, an automatic 90-day extension of the statute of limitations shall be granted.

Is a 90 Day Extension Added on to the 60 Day Time Period to File Suit After Completing the Presuit Process?

You have two years to file your Florida medical malpractice case. Once you send out your formal Notice of Intent to Initiate Litigation, you are required to engage in a 90 day pre-suit investigation period. The statute of limitations is tolled (paused) during this pre-suit period. Once the pre-suit period ends, you have 60 days to file your lawsuit.

So if you purchase a 90 day extension, does this time get added on to the 60 days? This issue was litigated all the way up to the Supreme Court of Florida. The Sunshine State’s highest court held that

The ninety-day extension of the statute of limitations purchased under section 766.104(2) is not added to what remains of the original statute of limitations but is added after the sixty-day extension period under section 766.106(4).

Cases Which Occasionally Require the Purchase of a 90 Day Extension

More Questions on Your FL Medical Malpractice 90 Day Extension?

Call our Boca Raton medical malpractice law firm to see if our lawyers can help with your claim. The call is free; 561-717-0817.

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