Doctors and other healthcare professionals owe their patients a certain quality of care. Medical malpractice happens when healthcare professionals fail in their duty to provide adequate care to their patients. Negligence and errors on the part of healthcare professionals can cause illness and injury. In the worst cases, medical malpractice can result in the death of a patient.
When a patient becomes injured as a result of negligence on the part of a hospital or healthcare professional, they have a right to seek compensation for the damages they have suffered as a result of their injuries. When a patient dies as a result of the same kind of negligence, their surviving family members and estate representatives could seek compensation for medical bills, funeral expenses and other damages by filing a wrongful death lawsuit in Florida.
The laws regarding medical malpractice wrongful death claims vary by state, but medical malpractice attorney Lisa Levine handles these types of lawsuits nationwide. If you reside outside Florida, please contact us to schedule a free consultation and learn more about how the laws in your state will apply to the specific facts in your case.
You Must Prove That a Doctor’s Negligence Resulted in a Wrongful Death in Florida
While no amount of money can replace a lost loved one, a wrongful death suit can help the victims’ survivors avoid a financial crisis after their loss and hopefully cause healthcare providers to correct the problems that led to their loved one’s death, preventing another needless death in the future.
In order to be successful in a medical malpractice wrongful lawsuit in Florida, you must be able to prove that:
- A doctor-patient relationship existed.
- The doctor was negligent in their treatment of the patient.
- The doctor’s negligence was responsible for the error that caused the patient’s death.
- The patient’s death caused specific damages for their surviving family members.
Due to the complexity of state laws (and the fact that they are regularly amended), seeking compensation in a medical malpractice wrongful death lawsuit in Florida can be a challenge without the assistance of experienced legal representation. Fort Lauderdale medical malpractice attorney Lisa Levine has successfully helped numerous family members get the justice they deserve for the loss of a loved one. She knows how to gather the critical evidence – eyewitness reports, medical records, expert testimony – needed to establish proof that medical malpractice was responsible for the patient’s death.
Who Can File a Claim for Wrongful Death in Florida?
Florida state laws are precise about who can file a wrongful death claim and what type of damages they can collect:
- The surviving spouse can seek damages for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent under age 26 if there is no surviving spouse, can seek to recover damages for lost parental companionship, instruction and guidance, loss of economic support, and for mental pain and suffering from the date of injury.
- Each parent of a deceased minor child may seek compensation for mental pain and suffering from the injury.
- Medical or funeral expenses due to the decedent’s injury or death may be recovered.
When evaluating the loss of support and services, the courts take into account the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor.
Statute of Limitations in Medical Malpractice Wrongful Death Lawsuit in Florida
If you have suffered the tragedy of losing a loved one due to a senseless act of negligence by a healthcare professional or facility, don’t put off seeking legal help – there are statute of limitations for filing a medical malpractice wrongful death lawsuit in Florida and every other state in the U.S. If you wait too long, the courts will refuse to hear your case.
Contact Fort Lauderdale wrongful death attorney Lisa Levine to schedule a free consultation. We’ll sit down with you, discuss your case and provide sound legal advice on how best to move forward with your claim. If we decide to accept your case, our representation costs you nothing up front – we only collect our fee from your compensation.
