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Facing a medical malpractice injury can be difficult for a victim, or in the case of death, the victim’s surviving family members. Knowing that someone was injured in a way that was likely preventable can be traumatic and leave family members with many questions, and often financial issues related to the injury. Florida’s medical malpractice laws differ from many other states, which can make it impossible for some family members to file a lawsuit when a loved one dies due to medical malpractice.  

Understanding the law 

Florida has a law that outlines who can file a wrongful death lawsuit when someone dies due to medical negligence or error. The laws surrounding wrongful death in general are not as restrictive as the laws surrounding wrongful death when medical malpractice is involved. In the case of a medical malpractice wrongful death lawsuit, only the spouse or minor child of the victim is allowed to file. In this case, minor includes anyone under the age of 25.  

The law allows the spouse of the victim or the minor children to file a lawsuit for compensation based on loss of support from the time of the injury and loss of support in the future. Compensation may also be awarded for mental pain and suffering. The court may also order compensation to pay for medical bills and funeral costs.  

Filing a medical malpractice lawsuit 

Losing a loved one to medical negligence or error is a tragic situation that no one should have to go through. When it does happen, it’s important for family members to understand Florida’s wrongful death laws in relation to medical malpractice. Anyone who finds themselves in such a difficult situation can benefit from consulting with an attorney to better understand their options.