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Your Rights When a Loved One Dies Due to Medical Malpractice

WrongfulDeath4

It’s awful to think about losing a loved one due to another person’s negligence, but it’s even more devastating when the responsible party is someone you trust to provide quality health care. Unfortunately, the scenario is quite common, as researchers at Johns Hopkins Medicine revealed that medical errors are the third leading cause of death in the US. Though you’re still struggling with grief, it’s important to understand that you may have rights as a surviving family member. A Florida wrongful death lawyer can explain in more detail, but some general information may be helpful.

How Wrongful Death Cases Work: When a person dies because of a wrongful act or negligence, including medical malpractice, Florida law allows certain individuals to file a civil lawsuit known as a wrongful death claim. This type of case is similar to a personal injury lawsuit, except that the victim died as a result of the responsible party’s misconduct. 

Individuals Who Qualify to Bring a Claim: The statute requires the personal representative of the decedent’s estate to file a cause of action for wrongful death. This individual may be named in the will, or could be someone appointed by the court if the victim had no will. Though the personal representative is charged with filing the lawsuit, the proceeds of a wrongful death case are intended to benefit:

  1. The decedent’s survivors, including a spouse, minor children, adult children if there is no surviving spouse, parents, and other individuals designated by law; and
  2. The decedent’s estate, with respect to certain types of monetary damages.

Florida’s Wrongful Death Statute of Limitations: Like most other personal injury cases, Florida imposes a statute of limitations on wrongful death claims, including those based upon medical malpractice. The personal representative has two years from the date of death to file a lawsuit in court. If the time period expires, any claim for wrongful death is forever barred. 

Damages You Can Recover in a Wrongful Death Claim: There are different categories of damages available in a wrongful death case, based upon the person or entity that suffers the losses. The decedent’s surviving family members may be able to recover:

  • Losses related to the support, services, and other contributions the deceased victim had provided
  • Loss of companionship, education, and guidance
  • Emotional pain and suffering
  • Medical and funeral costs, if someone paid them out-of-pocket
  • Other damages depending on the details of the case

In addition, there are monetary damages available to the estate of the decedent, which the personal representative would pursue. They include:

  • The value of the lost income and other benefits the deceased person would have earned had he or she lived
  • Any medical or funeral costs the estate paid directly

Contact a Florida Wrongful Death Attorney to Learn More About Your Rights 

For more information on wrongful death cases and your rights as a survivor, please contact Freidin Brown, P.A. We can set up a no-cost consultation to review your circumstances and determine the best way to proceed with your matter. We serve clients throughout Florida from our offices in Miami and Fort Myers, and we’re happy to assist with your claim.

Resource:

hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

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