Your Rights When a Loved One Dies Due to Medical Malpractice

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. 

Request the Patient Chart and Medical Records

There may be some challenges involved with gaining access to your loved one’s medical records, but these documents are critical. They contain a significant amount of information related to diagnosis, treatment, and other details of the care he or she received; they can be valuable evidence in a medical malpractice case. Note the following Florida laws regarding requests for patient charts:

• Anyone acting as the personal representative of the deceased person’s estate is entitled to a copy of the medical records. This individual is usually named as executor in the will or appointed by a Florida probate court.
• If no one has been appointed for purposes of estate administration, the “next of kin” is allowed access to patient information regarding the decedent – i.e., a spouse, children, or other distant relative.
  

Create a List of All Medical Professionals Who Provided Treatment

From your review of the medical records and other details, you should document every healthcare provider that treated your loved one. Any of these people or entities could be a potential party from whom you may seek compensation in a wrongful death case based upon medical malpractice. Make sure to include:

• All physicians who provided treatment;
• The names of nurses, skilled practitioners, and any other medical personnel; and
• The details regarding each facility where your loved one received care, including hospitals, medical clinics, rehabilitation centers, or assisted living facilities.

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 on 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

Our Miami medical malpractice lawyers at Freidin Brown, P.A. can assist with these and other essential tasks pursuant to a medical malpractice case, so please contact our offices to set up a no-cost consultation. We can advise you on your options after reviewing your situation.

Resource:

hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html