If a loved one dies of a medical error the “survivors” of the deceased have a claim for wrongful death based on medical negligence that caused the person’s death.
A wrongful death claim must be brought by the personal representative of the estate of the deceased on behalf of the estate and the “survivors.” “Survivors” under the Florida Wrongful Death Act include the spouse and minor children of the decedent. Minor children are defined as children under 25 years of age for purposes of the Wrongful Death Act. Adult children are not considered survivors under the Florida Wrongful Death Act, and do not have a claim for the death of their parent caused by medical negligence. This is a quirk in the law that is horribly unfair, but was passed with massive lobbying by the medical malpractice insurance industry and Florida Medical Association.
Wrongful death cases must be brought within two years of the date of death or the claim will be barred by the statute of limitations. In a wrongful death claim based on medical negligence the two years may be extended under certain circumstances. The law regarding when the statute of limitations runs in a wrongful death case based on medical malpractice is complex. Therefore, you should contact us immediately if you believe that your loved one may have died from medical malpractice.
All of the initial investigation is done at no charge to you, and we will only be reimbursed for our costs if we resolve your claim to your satisfaction either by settlement or trial. Further, our services are provided on a contingent fee basis, so there is no charge for attorney’s fees unless we resolve your claim to your satisfaction either by settlement or trial. You must act quickly if you think you may have a wrongful death/medical malpractice claim because Florida has a very short statute of limitations in which to bring a wrongful death/medical malpractice claim.
The law as to when the statute of limitations ends in a wrongful death/medical malpractice case is very complex. Even if you have been told by another law firm that the statute of limitations has expired or you do not have a claim please call us to get our opinion. Many times we have been able to bring successful claims for clients that have been told by other lawyers that they do not have a valid claim or that their claim has been barred by the statute of limitations.
If you are looking for a law firm dedicated to the successful investigation and prosecution of medical malpractice claims involving issues related to wrongful death claims please call our law office at 813-264-4800 or email your questions to David Eaton.