Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida
A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident constitute a personal injury case governed by Florida 3 or 4 years Statute of limitations. The opposing counsel file a motion to dismiss claiming it was a pharmacy malpractice governed by Florida 2 years Statute of limitations. The incident date 12/1/2019. The lawsuit filed on 11/7/2022.
Thank you.
A:
Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a negligence claim would likely be either 2 years or 4 years, depending on what kind of negligence you are talking about. If the claim is based on a professional's act or omission in performing his/her work, causing the work to fall below professional standards, that would be a malpractice claim (even if you just call it a "negligence" claim), which, in Florida, has a 2-year limitations period. Off hand, dispensing the wrong dosage sounds like malpractice to me, but you cannot obtain ANY reliable legal advice in this online forum, particularly on the issue of whether or not a claim is barred by the limitations period. To obtain that advice, you'd need to set up a consultation with an attorney for full review and analysis of the situation. Another issue that would need to be examined is what date the limitations period starts running from. It may or may not run from the date of the pharmacist's act; it instead might start running from the date of the injury or diagnosis thereof.
Now, if it happens to be the case that you waited too long to file suit SOLELY based on a lawyer giving inaccurate advice that you had longer to file than the actual limitations period deadline, then you might have a potential legal malpractice claim, and that (being a professional malpractice claim) also has a 2-year limitations period.
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