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Filing a Wrongful Death Lawsuit for Medical Malpractice in Florida

October 31, 2023 Legal Team

Losing a loved one is never easy, but when your loved one is lost due to the actions of trusted medical professional, you may feel a profound sense of betrayal. When seeking medical treatment, we put our trust in nurses, doctors, and other medical professionals to help us and make well informed decisions. Yet, medical professionals are human and may make mistakes – unfortunately these mistakes can be deadly. If you’ve lost a loved one due to medical malpractice in Florida you may have a claim. Contact the Sarasota medical malpractice lawyers at Shapiro | Delgado | Hofmann to learn more about your options. We offer free consultations, so give us a call today at (941) 954-4000 to schedule yours.

What Is Medical Malpractice?

Medical malpractice is when healthcare providers such as doctors, nurses, hospitals, or other medical professionals act negligently or fails to meet the accepted standard of care they owe their patients, and cause harm, injury, or in some cases, death, to the patient.

Some common examples of medical malpractice include:

  • Medication errors, such as prescribing the wrong medication or administering an improper amount
  • Misdiagnosis
  • Surgical errors, such as leaving surgical equipment inside the patients body
  • Failure to diagnose a patient’s condition by not ordering the appropriate tests
  • Administering excessive anesthesia
  • Failure to obtain informed consent

It is important to note that obtaining a patient’s informed consent is an extremely important step to take prior to treatment. Part of informed consent makes patients aware of the potential complications and side effects of a treatment or procedure. Additionally, obtaining informed consent ensures that care is ethical, patient-centered, and legally compliant.

If any of the medical malpractice examples above lead to the patient’s death, their family may file a medical malpractice wrongful death claim.

Who Can Be Held Responsible For A Medical Malpractice Wrongful Death?

There are several different parties that may be responsible for a medical malpractice wrongful death in Florida, these include:

  • Healthcare professionals, such as doctors, nurses, surgeons, and more
  • Hospitals and other healthcare facilities
  • Pharmeceutical companies
  • Medical device manufacturers
  • And more

Who can be held responsible will vary and depends on the circumstances unique to each case. An experienced attorney can help you determine who can legally be held responsible.

What To Do If You Think You Have A Medical Malpractice Wrongful Death Claim

If you wrongfully lost a loved one to medical malpractice in Florida it is important to contact an experienced Florida attorney as soon as possible. You have a limited amount of time to file a claim after a wrongful death. The statute of limitations for wrongful death in Florida is two years from the date of death.

For the best chance of building a successful claim, it is wise to get started with a lawyer right away. An experienced wrongful death attorney in Sarasota will use their understanding of the law to gather the necessary documents and evidence, file paperwork on time, and build a strong argument on your behalf, so that you may take the time you need to grieve.

While no amount of money can take the place of the loved one you lost, compensation for their wrongful death can give you a sense of justice by holding the responsible party accountable, and ensuring you don’t financially suffer in your time of grief.