In Florida, a common question arises when a patient with a potential medical malpractice claim passes away due to causes unrelated to the alleged malpractice: Can the case still proceed? The answer often depends on the legal framework surrounding survivor actions and wrongful death claims, and whether the alleged malpractice caused the death.
Medical Malpractice and Patient Death: Key Distinction
Under Florida law, if the alleged malpractice did not cause the patient’s death, the claim may survive under Fla. Stat. § 46.021, which allows certain causes of action to continue even after a person dies. This type of case is referred to as a survivor action rather than a wrongful death action.
However, if the malpractice did cause or contributed to the death, the case must proceed as a wrongful death claim governed by Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), which significantly limits who can recover damages.
Survivor Actions: When Death Is Unrelated
When a patient dies due to unrelated causes, and there was a valid medical malpractice claim in existence prior to death, the case does not automatically vanish. Instead, the personal representative of the patient’s estate can pursue a survivor claim for:
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Past pain and suffering (prior to death),
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Medical expenses,
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Lost wages prior to death, and
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Any other damages the patient could have recovered had they lived.
Importantly, this type of claim does not allow recovery for future losses or emotional damages suffered by family members unless the malpractice was a legal cause of the death.
Wrongful Death Claims: When the Malpractice Caused Death
If the alleged negligence caused or hastened the patient's death, the claim falls under Florida’s Wrongful Death Act. This law limits potential beneficiaries to:
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The surviving spouse,
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Minor children (or all children if no surviving spouse),
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Parents (in limited circumstances), and
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Certain financially dependent blood relatives.
Florida’s wrongful death laws are particularly restrictive in medical malpractice cases. For example, adult children and parents of adult children cannot recover for pain and suffering unless certain narrow exceptions apply. This can sometimes make a survivor action preferable, if factually supported.
Strategic Considerations
When a death occurs during a pending or contemplated medical malpractice case:
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Cause of death must be thoroughly evaluated. An independent medical expert may be needed to confirm whether the malpractice played any role.
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Estate administration becomes essential. A personal representative must be appointed to continue or file the claim.
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Timeliness is critical. The statute of limitations still applies—generally two years from the date the malpractice was discovered or should have been discovered (Fla. Stat. § 95.11(4)(b)).
Final Thoughts
Yes, you can generally maintain a Florida medical malpractice case even if the patient dies from unrelated causes, but the nature of the claim changes. Whether the case survives as a personal injury survivor action or becomes a wrongful death claim hinges on the role the alleged malpractice played in the death.
If you suspect medical negligence played a role in a loved one’s treatment, it is vital to consult with an experienced Florida medical malpractice attorney. The legal path forward depends heavily on the facts—and the law is full of procedural pitfalls that can limit or eliminate recovery if not handled properly.
Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
