Prison malpractice lawyer, Guy S. DiMartino, DC, JD, discusses why a District Court Judge threw out an inmate's medical malpractice case.
The Trib-Live recently reported that a federal court judge in Pennsylvania recently dismissed an inmate's medical malpractice claim because the claim was not properly filed within the two-year statute of limitations.
Facts of the Case
The inmate suffered a hand injury after he was shot in the hand during his arrest. He was treated a local hospital and then placed in custody. The inmate complained that he did not get the proper treatment when he was in custody and filed a lawsuit in July 2011, more than 24 months after the alleged malpractice. The court found that the case was not timely filed and dismissed the claim.
Florida Medical Malpractice Statute of Limitations
Like, Pennsylvania, Florida has a two-year statute of limitations for medical malpractice claim. If an inmate claims that he/she is a victim of malpractice, the claim must be filed within two years of the alleged malpractice or when a reasonable person knew or should have know that malpractice occurred. If a claim is not filed within the appropriate time limit, the inmate's claim will be barred forever.
If you have any questions about the statute of limitations for a Florida prison medical malpractice claim, call Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the internet consultation form on the right side of the screen.