The Florida Wrongful Death Act Explained

The Florida Wrongful Death Act Explained

In Florida, the Wrongful Death Act controls who can claim damages, and what type of damages may be recovered, when a death is the result of medical malpractice.

Under this act, the following conditions apply to make a claim:

These seem like very basic rules that cover everyone, but they do not.

For example, a 60-year old widow dies as a result of medical malpractice, her youngest child is 35-years old, and her husband passed away the year before. Under these guidelines, her family may only be able to recover medical bills paid from the estate and funeral expenses. In addition, if the medical bills were paid by Medicaid or Medicare, the insurance plan would receive the compensation.

Before you decide not to file a wrongful death claim against a medical practitioner, have your case reviewed by an attorney. Even if your claim does not fall within the above guidelines, an attorney can guide you in the right legal direction.