What is the Statute of Limitations for a Dental or Medical Malpractice Civil Suit?
Florida law 95.11 provides the Statutes of Limitation for civil lawsuits. A civil lawsuit is one where you sue a person or business for money. It can be done at the same time as a criminal case, which is lead by the State of Florida or United States government’s lawyers.
The claims against Dr. Schneider are that he mistreated or abused children in his practice in that he caused them physical and/or emotional harm, performed unexplained or unnecessary dental work and/or otherwise was verbally or physically abusive. As such, there are multiple possible civil claims and the Statute of Limitations is complicated. You should consult a lawyer about your case.
Professional Negligence / Medical Malpractice – 2 years (with some exceptions)
This is a professional negligence case or medical malpractice or dental malpractice case. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.
An action for medical malpractice must be started within 2 years from the time the incident happened or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence. In other words, if you did not know that Dr. Schneider committed dental malpractice on your child, you may be able to extend the period more than 2 years. 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. So, there is an exception to the exception in that children under 8 essentially have until they are 8 to file a claim in certain instances. We can explain what this means to you.
Intentional Torts Based on Abuse to a minor- 7 years from the age majority (age 25)
“Abuse” means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions.
These actions may be commenced at any time within 7 years after the age of majority, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.
Civil Battery or Assault – 4 years.
An action for assault, battery, or any other intentional tort shall be filed within 4 years of loss.
More Information:
General Information About Dental Abuse Civil Cases:
- ◊ What is Dental Abuse and Why Does it Exist?
- ◊ Medical & Dental Malpractice and the Mandatory Pre-Suit Period
- ◊ Dental Abuse Statutes of Limitation in Florida
- ◊ Dental Abuse Cases: Class Action in Florida or Not?
- ◊ 5 Simple Tips on How to Choose a Medical or Dental Malpractice Lawyer
Case Against Howard S. Schneider:
- ◊ Frequently Asked Questions and Update on Howard Schneider Cases
- ◊ Statements Made by Jacksonville Pediatric Dentist Howard S. Schneider, DDS
- ◊ Download the 36 Page Arrest Warrant Affidavit Here
- ◊ Jacksonville Dentist Howard Schneider’s Dental Assistant Arrested / Booked
- ◊ Jacksonville Dentist Schneider Medicaid Fraud / Malpractice Claim Update
- ◊ Jacksonville Dentist Howard S. Schneider Uses Vehicle to Intimidate?
- ◊ May 2015 – The Case(s) Against Schneider: Explained
- ◊ Legal Opinion: The Dr. Schneider “Class Action Law Suit” Can’t Proceed
National News Stories About Schneider Case:
Other Resources:
- ◊ Dentist the Menace Blog
- ◊ Insurance Journal Discusses Schneider Case
- ◊ U.S. Senators Release Report on Dental Clinics That Skirt Regulations
- ◊ Similar Case (Multi-State Class Action) – Insurers for troubled dental chain Small Smiles’ to pay out $39 million in tentative settlement
- ◊ Press Release by Florida Attorney General on Schneider Case
Evidence Locker:
- ◊ Howard Schneider In His Own Words: The Newsletters
- ◊ Download the American Academy of Pediatric Dentistry Guidelines here
- ◊ 2015 Florida Law Regulating Dentists
- ◊ Order Relinquishing Florida Dental License (Schneider)
The Law Offices of John Phillips are based in Jacksonville and Jacksonville Beach, Florida, but John is licensed in Florida, Georgia and Alabama and before the U.S. Supreme Court. We will consult wherever injustice lives. In addition to personal injury and wrongful death, our firm handles family law matters and select criminal defense cases. You can contact us at help@floridajustice.com.
