If your loved one has passed away due to a doctor’s negligence in Florida, we understand that you may be considering taking legal action. You can sue for wrongful death, but to succeed, you will need to prove that the doctor breached their duty of care, leading directly to your loved one’s death.
At Anidjar & Levine, we recognize that this can be an emotionally challenging process. Consulting with a Fort Lauderdale wrongful death lawyer can help you understand your rights and options during this difficult time. Read on to learn more about suing for wrongful death in Florida if your doctor was at fault.
What Negligent Actions Can Lead to a Wrongful Death?
In Florida, a wrongful death claim can be filed when someone dies because of another person’s careless or reckless actions, including those made by a doctor. Medical professionals are trusted to provide care that meets established standards. When they fail to do so and a patient dies as a result, their actions or inactions may be considered medical negligence.
Common examples of negligent actions that can lead to wrongful death include failing to diagnose a serious condition like cancer, stroke, or heart disease in time to begin treatment. Delayed or incorrect diagnoses can prevent patients from getting life-saving care.
Surgical errors, such as operating on the wrong body part, damaging internal organs, or failing to monitor for complications, can also have fatal consequences.
Who Can File a Wrongful Death Claim in Florida?
While handling wrongful death litigation, it’s important to determine who has the legal standing to file a claim in Florida. You’ll need to identify the eligible plaintiffs who can initiate the filing process.
In Florida, the following individuals are eligible to file a wrongful death claim:
- Spouse: If the deceased was married, their spouse can file a claim.
- Children: The deceased’s children, including adopted children, can initiate a claim.
- Parents: If the deceased had no spouse or children, their parents can file a claim.
- Personal representative: A personal representative of the deceased’s estate can also file a claim.
Understanding who can file a claim is fundamental to managing the challenges of wrongful death litigation in Florida.
Elements to Prove in Order to Sue for Wrongful Death if Your Florida Doctor was at Fault
To establish a wrongful death claim in Florida, you’ll need to prove specific elements. By proving these elements, you can sue for wrongful death in Florida if your doctor was at fault. These include:
Negligent Medical Care
When you lose a loved one due to negligent medical care, you may be able to pursue a wrongful death claim. Negligent medical care can take many forms, including a negligent diagnosis that leads to delayed or improper treatment.
As a patient advocate, it’s important to understand that medical professionals must provide a certain standard of care. If they fail to meet this standard and their negligence causes harm or death, you may have a valid claim.
Breach of Duty
Proving a breach of duty is an important element in a wrongful death claim, and it requires demonstrating that the healthcare provider’s actions fell short of the accepted standard of care.
You must show that the doctor’s negligence led to your loved one’s death. In negligence claims, the standard of care is the benchmark against which the healthcare provider’s actions are measured.
To establish breach of duty, you’ll need to prove:
- The healthcare provider owed a duty of care to your loved one.
- The provider failed to meet the standard of care.
- This failure led to your loved one’s death.
- You, as the plaintiff, suffered damages as a result of the death.
Causation of Death
Two important elements of a wrongful death claim are breach of duty and causation of death. To prove causation, you must show a direct causal link between your doctor’s breach of duty and your loved one’s death.
This means demonstrating that the doctor’s actions, or lack thereof, directly caused the death. You’ll need to present substantial medical evidence to support your claim. This evidence may include expert testimony, medical records, and other documentation that establishes the connection between the doctor’s actions and the fatal outcome.
Our team can help you sue for wrongful death in Florida if your doctor was at fault for your loved one’s death. Our team understands how difficult this process can be, and we are here for you.
Statute of Limitations for Filing a Claim in Florida
In Florida, filing a wrongful death lawsuit within the specified timeframe is important for securing justice for your loved one. You have a limited window to take legal action, and missing this deadline can bar you from pursuing a claim.
The statute of limitations for filing a wrongful death claim in Florida is typically two years from the date of death. This legal timeline is strictly enforced, and failure to comply can result in your claim being dismissed. It’s imperative to understand the claim duration and take prompt action to guarantee your claim is filed within the allotted timeframe.
Don’t let the clock run out on your opportunity to seek justice. Consult with an experienced attorney to guide you through the process and make sure your claim is filed on time.
Damages Available in a Wrongful Death Lawsuit
Your potential recovery in a wrongful death lawsuit in Florida depends on the types and amounts of damages you’re eligible to claim. In a wrongful death lawsuit, you may be entitled to compensatory damages, which are designed to compensate you for the losses you’ve suffered.
These damages can include funeral expenses, medical bills, lost income, and loss of companionship or consortium. You may also be eligible for punitive damages, which are intended to punish the defendant for their negligence or recklessness.
Punitive damages are typically awarded in cases where the defendant’s actions were egregious or intentional. The amount of damages you’re eligible for will depend on the specific circumstances of your case and the laws of Florida.
Learn More About Suing for Wrongful Death in Florida if Your Doctor Was at Fault
You now understand the challenges of suing for wrongful death in Florida due to medical malpractice. With the two-year statute of limitations in mind, it’s important to consult an experienced attorney at Anidjar & Levine to guide you through the legal process and increase the chances you receive the damages you’re entitled to.
Contact us today for a free consultation.
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