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Florida Third DCA rules that children’s loss of consortium claims for injury to parent from alleged medical negligence did not relate back for statute of limitations purposes to date of filing of underlying lawsuit

On July 22, 2020, in Castro v. Linfante, No. 3D19-2136, a medical negligence case, the Florida Third DCA affirmed a trial court’s dismissal on statute of limitations grounds of the claims of three minor children for loss of parental consortium.  The parents of the children did not amend the mother’s complaint to include the consortium claims until nearly eight years after the medical treatment at issue in the lawsuit and nearly four years after the lawsuit had been filed.   The Third DCA observed that loss of the parental consortium is governed by § 768.0415, Florida Statutes, and relied on Daniels v. Weiss, 385 So. 2d 661 (Fla. 3d DCA 1980) and West Volusia Hospital Authority v. Jones, 668 So. 2d 635 (Fla. 5th DCA 1996) in support of the rule that consortium claims do not relate back for statute of limitations purposes to the date of filing of the complaint for the underlying tort because they are separate and distinct causes of action.

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