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Florida Probate Blog

Posts Tagged: medical malpractice

Florida Guardianship Litigation: Statute of Limitations Medical Malpractice Case

Written by on Sep 16, 2008| Posted in: Guardianship Litigation

When is a Guardian barred from suing the doctors that allegedly caused her daughter’s brain damage? Mrs. Thomas was named as plenary guardian for her daughter, Tammy, after Tammy suffered a heart attack and brain damage while giving birth to her baby.  Mrs. Thomas claims that Tammy wouldn’t have been hurt, except for the doctor taking too long to deal with Tammy’s high blood pressure.  On Tammy’s behalf, and she sued the doctor, the hospital, and others. The trial court ruled that Mrs. Thomas took too long to bring the lawsuit, and it was barred as a matter of law by the Florida Medical Malpractice Statute of Limitations.  Under that Florida law, Mrs. Thomas has two (2) years to file suit.  Calculating  that deadline is key: on what date does time begin to run for the plenary guardian? The appellate court answered that question by sending the case back to […]

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