Naples, FL asked in Wrongful Death and Medical Malpractice for Florida

Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

4 Lawyer Answers

Mitchell Feldman

  • Medical Malpractice Lawyer
  • Licensed in Florida

A: The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The statutes will spell out the damages available

Who may recover is also spelled out in the wrongful death act as not everyone has a claim for the death of a family member.

Consult an attorney who handles medical malpractice claims

Daniel Marc Berman

  • Medical Malpractice Lawyer
  • Fort Lauderdale, FL

A: The family should immediately consult with a Florida personal injury attorney. Most, like our firm, offer free consultations. These type of cases are very tricky and full of pitfalls, so trying to handle it on your own without and attorney is a terrible idea.

David Hughes Harris

  • Venice, FL
  • Licensed in Florida

A: So sorry to hear of your huge loss. Just terrible.

If medical malpractice caused the death, then this would be a wrongful death claim. There are several steps in investigating and pursuing such claims, from creating an estate in probate to consulting an experienced personal injury lawyer (who actually has experience in med mal claims). Consults are typically free.

Please understand that med mal claims in Florida are among the most complex and challenging because our laws are quite strict and decidedly pro-health provider.

I wish you and your family the best.

Stephen Arnold Black

  • Orlando, FL
  • Licensed in Florida

A: You may have a good case. Discuss with counsel here in Florida for possible contingency fee representation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.