Understanding Wrongful Death from Medical Malpractice in Florida
Losing a loved one due to medical negligence is one of the most devastating experiences a family can face. In Florida, families do have the legal right to bring a wrongful death lawsuit based on medical malpractice if the evidence shows that a healthcare provider’s negligence caused the patient’s death. These cases combine two areas of law—Florida’s Wrongful Death Act and medical malpractice statutes—making them complex and highly technical.
Who Can File a Wrongful Death Claim for Medical Malpractice?
Under the Florida Wrongful Death Act (Fla. Stat. § 768.16–768.26), only the personal representative of the deceased’s estate can file the lawsuit. This personal representative is typically named in the decedent’s will, or if there is no will, appointed by the probate court.
The lawsuit is filed on behalf of:
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The surviving spouse
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Children (with specific restrictions in medical malpractice cases for adult children if there is a surviving spouse)
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Parents (in certain circumstances, especially if the deceased was a minor)
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Other financial dependents, if applicable
One important limitation unique to medical malpractice wrongful death cases in Florida: adult children (over 25) and parents of an adult child cannot recover certain non-economic damages like pain and suffering. This restriction has been criticized but remains the law.
What Damages Can Be Recovered?
A wrongful death lawsuit seeks to compensate the family and estate for their losses. Potential damages may include:
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Medical expenses related to the malpractice before death
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Funeral and burial costs
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Loss of financial support and services the deceased provided
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Loss of companionship, guidance, and protection
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Pain and suffering for certain surviving relatives, depending on their relationship to the deceased
The estate may also recover damages for the decedent’s lost wages, earnings, and benefits from the date of injury until death.
Time Limits for Filing a Claim
Florida law imposes strict deadlines. In most medical malpractice wrongful death cases, the statute of limitations is:
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Two years from the date of death (or from when the malpractice was discovered or should have been discovered)
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With an absolute cutoff of four years in most cases (known as the statute of repose)
Missing these deadlines can bar a family from seeking justice.
Why These Cases Are Complex
Wrongful death from medical malpractice claims require:
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Proving that the healthcare provider breached the standard of care
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Establishing a direct link between the negligence and the death
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Following Florida’s medical malpractice pre-suit process, which includes expert affidavits, notice of intent, and investigations before filing the lawsuit
These procedural hurdles make it crucial for families to work with an attorney experienced in both wrongful death and medical malpractice litigation.
Taking Action for Your Family
If you lost a loved one due to suspected medical malpractice, you don’t have to face the legal system alone. An experienced Florida medical malpractice attorney can help investigate the case, work with medical experts, and pursue full compensation under the law.
Your family deserves answers—and justice.
Have you or someone you know suffered from medical malpractice? 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 jp@yourattorneys.com or by text at (305) 929-8935.
