Steps After a Loved One Dies Due to Medical Malpractice in Florida

It may seem impossible to move forward as you are grieving the death of a loved one, but in a fatal medical malpractice incident, it is wise to consider your legal options. To prevail in such a case, you need sufficient proof that the health care provider deviated from the accepted standard of care in treating your loved one, and that the mistake was the direct cause of death.

Time is of the essence to contact a Florida medical malpractice attorney about your legal rights and remedies when a loved one passes away due to medical negligence; there are several important laws, procedures, and deadlines that must be followed in order to preserve your rights in the case. Additionally, you can support your case by taking the following steps after a loved one dies from a medical error; it will be important for you to assist in gathering and organizing information and documents related to the case:

Request the Patient Chart and Medical Records: There may be some challenges involved with gaining access to your loved one’s medical records, but these documents are critical. They contain a significant amount of information related to diagnosis, treatment, and other details of the care he or she received; they can be valuable evidence in a medical malpractice case. Note the following Florida laws regarding requests for patient charts:

• Anyone acting as the personal representative of the deceased person’s estate is entitled to a copy of the medical records. This individual is usually named as executor in the will or appointed by a Florida probate court.
• If no one has been appointed for purposes of estate administration, the “next of kin” is allowed access to patient information regarding the decedent – i.e., a spouse, children, or other distant relative.
  

Create a List of All Medical Professionals Who Provided Treatment: From your review of the medical records and other details, you should document every health care provider that treated your loved one. Any of these people or entities could be a potential party from whom you may seek compensation in a wrongful death case based upon medical malpractice. Make sure to include:

• All physicians who provided treatment;
• The names of nurses, skilled practitioners, and any other medical personnel; and
• The details regarding each facility where your loved one received care, including hospitals, medical clinics, rehabilitation centers, or assisted living facilities.

Keep Careful Records: Your lawyer will consult with you about what specific information to retain, but in addition to medical records you should gather and maintain records related to:

• Costs of funeral and burial services;
• All other out-of-pocket expenses;
• Bills and invoices from health care providers and medical facilities; and
• Tax returns and other information on the decedent’s income.

Contact a Florida Medical Malpractice Lawyer Right Away 

Our Miami medical malpractice lawyers at Freidin Brown, P.A. can assist with these and other essential tasks pursuant to a medical malpractice case, so please contact our offices to set up a no-cost consultation. We can advise you on your options after reviewing your situation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html