Wrongful Death Based on Medical Malpractice

Health care providers are trained to heal and help patients, but in many instances, medical professionals fail to follow their training and cause grave harm. Unfortunately, in some cases, victims of negligent medical care cannot recover and ultimately lose their lives because of their injuries. Losing a loved one because of preventable harm often causes immeasurable grief as well as significant financial losses. If you lost a family member due to medical malpractice, you may be able to pursue damages and should speak to an attorney regarding your rights. The Boca Raton wrongful death lawyers at The Grife Law Firm represent families in cases of wrongful death based on medical malpractice.

In Florida, a plaintiff seeking compensation in a claim of wrongful death based on medical malpractice must establish the liability of the defendant care provider. Specifically, the plaintiff must first prove that there was a patient-doctor relationship between the deceased person and the defendant care provider. The plaintiff must then show that the defendant had a duty to provide treatment that complied with the applicable standard of care, which is the care that a reasonable provider in the same specialty would provide in the same situation, and that the provider departed from the standard of care. Lastly, the plaintiff must prove that the departure from the standard of care caused the alleged harm.

Florida Statutes Section 768.21 describes who may recover damages and which damages may be awarded. There are two types of claims in these cases: survival actions and wrongful death actions. Contrary to what the terms suggest, a survival action seeks compensation for the deceased person’s estate, while a wrongful death action seeks compensation for family members. If the deceased person incurred medical expenses for their injuries, for example, the estate may be awarded the cost of such expenses. Similarly, the estate may be awarded damages for the loss of the deceased person’s earnings from the date of injury to the date of death, minus some deductions. The lost prospective net accumulations of the estate also may be recovered in some cases.

In a wrongful death action, relatives such as spouses, children, and parents may be awarded compensation for the loss of the deceased person’s services and support from the date of injury to the date of death, and for the present value of the loss of future support and services as well. In addition to damages for the economic harm, damages for the mental pain and suffering caused by the deceased person’s death may be recovered by spouses, parents of deceased children, parents of adult children with no other survivors, minor children of the deceased person, and adult children of an unmarried deceased person. Surviving spouses may recover damages for the loss of the deceased person’s protection and companionship, and minor children and children of a deceased person not survived by a spouse may recover compensation for the loss of guidance, instruction, and parental companionship caused by the deceased person’s loss. If a survivor paid medical or funeral expenses on behalf of the deceased person, the survivor may recover those expenses as well.

When a person dies due to incompetent medical care, the person’s family members may be able to pursue claims against the negligent care provider. If you suffered the loss of a loved one because of medical malpractice, our trusted Boca Raton attorneys can assist you in pursuing the damages that you suffered due to the loss. We represent families in claims of wrongful death based on medical malpractice in cities such as Boca Raton, Miami, West Palm Beach, and Fort Lauderdale. We can be reached through our online form or at 855-998-0770 to schedule a confidential meeting with a medical malpractice lawyer.