Losing a loved one is devastating under any circumstances. When a death occurs after a preventable medical error, surviving family members are often left with difficult questions about what happened and whether the tragedy could have been avoided.
When a healthcare provider’s negligence contributes to a patient’s death, Florida law allows certain family members and the decedent’s estate to pursue compensation through a wrongful death claim. A Florida medical malpractice attorney can investigate the circumstances surrounding the death, evaluate whether medical negligence occurred, and help protect your family’s rights.
What Is a Medical Malpractice Wrongful Death Claim?
A medical malpractice wrongful death claim arises when a healthcare provider’s negligence causes or contributes to a patient’s death. These cases are governed by both Florida’s medical malpractice laws and the Florida Wrongful Death Act.
Not every death following medical treatment is evidence of malpractice. Doctors, nurses, hospitals, and other healthcare providers are not automatically liable simply because a patient experiences complications or dies. Instead, the key question is whether the provider failed to deliver care consistent with the accepted standard of care under the circumstances.
Examples of medical negligence that may lead to a wrongful death claim include:
- Failure to diagnose serious illnesses or injuries
- Delays in diagnosing or treating a medical condition
- Surgical mistakes and preventable procedural errors
- Anesthesia errors before, during, or after a procedure
- Failures to properly monitor a patient’s condition or respond to signs of distress
When negligent care results in a fatal injury or allows a treatable condition to become fatal, surviving family members may have the right to seek compensation under Florida law.
Because these cases often involve complex medical issues, proving malpractice generally requires a thorough review of medical records and opinions from qualified medical experts.
Who Can File a Medical Malpractice Wrongful Death Claim in Florida?
Under Florida’s Wrongful Death Act, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. Pursuant to Florida Statutes § 768.20, the claim is brought on behalf of both the estate and eligible surviving family members.
The personal representative is often named in the decedent’s will. If no will exists or no personal representative has been designated, the probate court may appoint one.
Although the personal representative files the claim, the damages recovered may benefit surviving family members. Depending on the circumstances, eligible survivors may include:
- A surviving spouse
- Children under 25 years old
- Parents of a decedent who is under 25 years old and not married
- Other relatives or dependents who relied on the deceased for support or services
Determining who may recover damages in a wrongful death case can be complicated, particularly when multiple family members are involved. The specific rights of survivors often depend on their relationship to the deceased and the nature of the losses they have suffered.
What Compensation May Be Available After a Fatal Medical Error?
The damages available in a medical malpractice wrongful death case depend on the circumstances of the death, the survivors involved, and the losses suffered by the family and the estate. Under Florida law, both surviving family members and the decedent’s estate may be entitled to recover compensation.
Compensation for Surviving Family Members
Surviving family members may be able to recover damages related to the loss of financial support, services, companionship, and protection provided by their loved one. In some circumstances, Florida law also allows certain survivors to recover damages for mental pain and suffering. Family members who personally paid medical bills or funeral expenses may also be entitled to seek reimbursement for those costs.
Compensation for the Estate
The decedent’s estate may have separate claims for damages resulting from the death. Depending on the circumstances, these damages can include medical expenses incurred before death, funeral and burial expenses paid by the estate, and the value of earnings and benefits the deceased person could reasonably have been expected to earn had they survived.
The damages available in a wrongful death claim vary from case to case. Factors such as the decedent’s age, earning capacity, family relationships, and the circumstances surrounding the medical negligence can all influence the scope and value of a claim.
All our legal fees are earned on a contingency basis, meaning that we only get paid if we obtain a recovery for you.
How Does a Lawyer Determine Whether Medical Malpractice Caused a Loved One’s Death?
Determining whether medical negligence caused or contributed to a patient’s death is often far more complicated than it appears. In many cases, the healthcare provider may contend that the patient’s underlying condition, rather than any medical error, was responsible for the outcome.
To evaluate a potential claim, a medical malpractice attorney will typically conduct a detailed investigation into the care the patient received. This often involves reviewing medical records, consulting qualified medical experts, identifying all healthcare providers involved in the patient’s treatment, and analyzing whether the care provided met the applicable standard of care.
In general, a successful medical malpractice wrongful death claim requires evidence showing that:
- The healthcare provider owed the patient a professional duty of care.
- The provider failed to meet the applicable standard of care.
- That failure caused or substantially contributed to the patient’s death.
- The death resulted in damages recognized under Florida law.
Medical malpractice wrongful death cases are among the most challenging claims to investigate and prove. Establishing what happened often requires a detailed review of medical records, consultations with qualified medical experts, and an understanding of the legal standards that apply to healthcare providers. For that reason, many attorneys do not handle these cases, and families often seek out lawyers with substantial experience in medical malpractice litigation.
Why Timing Can Be Important in a Medical Malpractice Wrongful Death Case
Families understandably need time to grieve after the loss of a loved one. However, waiting too long to investigate a potential medical malpractice claim can jeopardize important legal rights.
Medical malpractice wrongful death claims are subject to filing deadlines under Florida law. Determining the applicable deadline is not always straightforward, as factors such as when the negligence was discovered and other case-specific circumstances may affect the analysis. Missing a deadline can prevent a family from pursuing compensation altogether.
Timing can also affect the availability of evidence. Medical records, witness recollections, and other information may become more difficult to obtain and evaluate as time passes. Because medical malpractice cases require a detailed investigation and compliance with Florida’s presuit requirements, families who suspect negligence should not delay in seeking answers.
Taking prompt action can help preserve evidence, protect legal rights, and ensure that any potential claim is evaluated before important deadlines expire.
Speak With a Florida Medical Malpractice Attorney About Your Rights
The loss of a loved one due to suspected medical negligence can leave families with unanswered questions, financial uncertainty, and a desire to understand what went wrong. While no legal action can undo such a loss, a wrongful death claim may provide accountability and help secure compensation for surviving family members and the decedent’s estate.
The Florida medical malpractice attorneys at Freidin Brown, P.A. have spent decades representing patients and families affected by preventable medical errors. If you believe a healthcare provider’s negligence contributed to the death of a loved one, our team can review the circumstances, investigate the claim, and explain your legal options.
Contact Freidin Brown, P.A. today to schedule a free and confidential consultation.
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