Yes, compensation is available for a loved one’s wrongful death caused by medical malpractice in Florida. However, you will want to work with a Florida medical malpractice lawyer to navigate this process. The process is often complicated by strict laws and necessary procedures to notify the accused party or parties of your intent to sue.
If your loved one died from harm suffered because of a doctor or hospital’s negligence, your family may seek and secure compensation. Most attorneys who handle these cases provide free consultations.
Compensation Available In Florida Malpractice Death Cases
With strong evidence, eligible survivors can recover a wide variety of damages in these Florida wrongful death cases caused by medical negligence. Based on Florida wrongful death laws, this could include:
- Medical care costs incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of services
- Loss of companionship, protection, and parental guidance
Each case is unique. The compensation available depends on numerous factors, including:
- The circumstances that led to the death
- The survivors’ relationships with the victim
- The expenses and losses incurred
- The available insurance coverage
When your family pursues a wrongful death case, your attorney will document the recoverable damages and use the evidence they have to demand fair compensation for you. They can often negotiate a settlement at the end of the pre-suit investigation without suing or going to trial. They will sue if the accused care provider refuses to accept responsibility, though.
What Laws Govern Florida Wrongful Death Medical Malpractice Cases?
Florida allows certain family members to recover compensation when a loved one dies due to medical negligence. However, they must navigate two separate areas of law to seek and secure these damages. This includes:
- Medical Malpractice Law: Under Florida Statute § 766.102, Florida lawmakers set the necessary process for investigating and litigating cases against negligent medical care providers.
- Wrongful Death Act: Florida Statutes § 768.21 determines how recovering damages works in wrongful death cases.
Under Florida law, only the victim’s personal representative can file a wrongful death lawsuit. However, they pursue compensation on behalf of the victim’s surviving loved ones. This commonly includes:
- A surviving spouse
- Children, although special rules apply for adult children
- Parents, under some circumstances
- Other financially dependent family members
How Florida Medical Malpractice Can Cause Wrongful Death
Careless and reckless mistakes made by healthcare providers can cause serious injuries that lead to the patient’s death. Some ways this could occur include:
- Failure to diagnose a life-threatening condition, such as cancer or sepsis
- Surgical errors with fatal complications
- Medication errors, including overdoses or dangerous drug interactions
- Anesthesia mistakes during surgery
- Failure to monitor a patient who suffers life-threatening health issues
- Negligent care during labor and delivery, causing the death of a mother or newborn
Any time a medical care provider fails to provide an appropriate standard of care and a patient suffers injuries, this could support a medical malpractice claim. When those injuries are serious and the patient dies, a wrongful death case is possible.
Who Is Liable For Deadly Medical Malpractice?
Medical malpractice cases often have multiple liable parties. An investigation is often necessary to determine who played a role in the breach of acceptable care and caused the patient harm. Some common examples of who is liable include:
- Doctors, if the harm occurred because of a diagnostic error, surgical mistake, or failure to provide the correct treatment
- Nurses, if there was a medication error or failure to monitor
- Hospitals and clinics, if staff were negligent, or if there are problems such as inadequate staffing, lack of protocols, or failure to properly supervise staff
- Pharmacists for dispensing the wrong medication or dosage
Liability in a medical malpractice case depends on the circumstances and the relationship between the provider and the healthcare facility. In some cases, a care provider and an institution share legal responsibility.
Proving A Florida Malpractice Case Involving Wrongful Death
To recover compensation and hold a negligent medical care provider accountable in a Florida wrongful death malpractice case, you will need to show that negligence occurred. There are four necessary elements:
- Duty of Care: The provider owed the patient a legal duty because they had a provider/patient relationship.
- Breach of Duty: The care provider failed to provide an acceptable standard of care.
- Causation: Their breach of duty directly caused the patient’s injuries and death.
- Harm: The death caused financial and emotional losses for surviving family members.
Under Florida law, all families seeking compensation in this type of claim must participate in a pre-suit investigation that includes an affidavit of merit from a qualified medical expert. This process involves:
- Having an expert review the case and confirm that you may have a case
- Filing a formal notice of intent to sue and serving this notice to the accused parties
- Taking 90 days to allow all involved parties to investigate what happened
The evidence necessary to support a wrongful death medical malpractice case often includes:
- Relevant medical records
- Expert testimony from a qualifying care provider
- Autopsy reports
- Witness statements
- Internal hospital communications, practices, and protocols
It is important to understand that Florida has strict rules for who qualifies as a medical expert to testify that negligence occurred in your case. Your attorney should have access to a network of qualified experts to support your case.
Deadline For Filing A Malpractice Wrongful Death Lawsuit In Florida
Florida sets a strict statute of limitations for filing a lawsuit under Florida Statutes § 95.11. Generally, you have two years from the date of death or the date the malpractice was discovered.
Failing to file a lawsuit on this timeline usually results in dismissal of the case. However, determining the deadline in these cases can be complex. We encourage you to reach out as soon as possible to protect your family’s rights.
Talk To Our Team About Your Loved One’s Malpractice-Related Death
If your loved one died and you suspect medical malpractice played a role, our team can investigate the case, work with qualified medical experts, and guide your family through the complicated legal process.
At Anidjar & Levine, our team provides free consultations for victims’ families. Contact us today to learn how a Florida medical malpractice lawyer from our firm can help with your case.
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