DAISHA ERVIN
v.
SERGIO A. ALVAREZ, M.D., ET AL.
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The statute of limitations for medical malpractice actions runs from the time the incident is discovered or should have been discovered with due diligence, and a 90-day extension is automatically granted upon filing a petition and paying the required fee.
[1] The statute of limitations for medical malpractice actions commences when the injury is discovered or should have been discovered with the exercise of due diligence, and…
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Join FLexlaw to unlock all legal intelligence“Once the extension is 'purchased' by filing the petition and paying the fee, the statute of limitations becomes two years plus ninety days.”
Porumbescu v. Thompson, 987 So. 2d 1275, 1276–77 (Fla. 1st DCA 2008)
Daisha Ervin appealed a circuit court decision in a medical malpractice action against Dr. Sergio A. Alvarez and others. The case involved the applica…
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Third District Court of Appeal State of Florida Opinion filed July 23, 2025. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-1410 Lower Tribunal No. 19-12311-CA-01 ________________ Daisha Ervin, Appellant, vs. Sergio A. Alvarez, M.D., et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge. The Beregovich Law Firm, P.A., and Andres I. Beregovich (Orlando), for appellant. Falk, Waas, Solomon, Mendlestein & Davis, P.A., Jessica Hernandez and, Scott L. Mendlestein; Lalchandani Simon PL, Kubs Lalchandani, and Daniel E. Davis, for appellees. Before EMAS, LOGUE, and MILLER, JJ.
PER CURIAM.
2
Affirmed. See § 95.11(4)(b), Fla. Stat. (2016) (“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 . . . .”); § 766.104(2), Fla. Stat. (2016) (“Upon petition to the clerk of the court where the suit will be filed and payment to the clerk of a filing fee, . . . an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable investigation required by subsection (1).”); Porumbescu v. Thompson, 987 So. 2d 1275, 1276–77 (Fla. 1st DCA 2008) (“Once the extension is ‘purchased’ by filing the petition and paying the fee, the statute of limitations becomes two years plus ninety days.”); Tanner v. Hartog, 618 So. 2d 177, 181–82 (Fla. 1993) (“The nature of the injury, standing alone, may be such that it communicates the possibility of medical negligence, in which event the statute of limitations will immediately begin to run upon discovery of the injury itself.”); Hazen v. Kaplan, 734 So. 2d 441, 443 (Fla. 5th DCA 1999) (“The evidence before the trial court showed Hazen was ambulatory before entering the hospital, though he was experiencing weakness in his legs and severe lumbar back pain. More than twelve hours after undergoing the myelogram, Hazen discovered he was still numb from his hips down and his legs were paralyzed. Although medical staff told him
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tanner v. Ellie Hartog, M.D., 618 So. 2d 177 (Fla. 1993)
- Hazen v. Barry Kaplan, M.D., 734 So. 2d 441 (Fla. 5th DCA 1999)
- Aureliu M. Porumbescu and Mary J. Porumbescu v. John Derek Thompson, M.D. & Urology Assocs. of N. Cent. Fla., P.A., 987 So. 2d 1275 (Fla. 1st DCA 2008)