# Medical malpractice · Florida — Civil statute of limitations by state and type of claim For Medical malpractice · Florida, limitation period is within 2 years; when the clock starts is from the time the incident giving rise to the action occurred; how the statute describes it is An action for medical malpractice, verified against its source on 2026-08-25. - **Type of claim:** Medical malpractice _(our reading, not quoted from the source)_ - **State:** Florida _(verified: appears in the quote below)_ - **Limitation period:** within 2 years _(verified: appears in the quote below)_ - **How the statute describes it:** An action for medical malpractice _(verified: appears in the quote below)_ - **When the clock starts:** from the time the incident giving rise to the action occurred _(verified: appears in the quote below)_ ## What the source says > (c) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. ## Source - https://www.flsenate.gov/Laws/Statutes/2025/95.11 Last verified: 2026-08-25. Review by: 2027-08-25. Part of [Civil statute of limitations by state and type of claim](https://referencesource.org/state-civil-statute-of-limitations/).