At the outset, it must be clearly understood that medical malpractice laws in Florida are not in favor of unfortunate patients or victims. These laws lean towards doctors, hospitals, and pharma companies. Thus, if you think that your doctor or any other medical service provider failed to fulfill his duty of care towards you, do not rush into filing a medical malpractice suit. You need to know that unless the case indicates the medical professional’s negligence, the case will have no legs to stand in court. Patients must know about their rights and whether they can use the law to get justice. Hiring a Miami medical malpractice attorneys is the best way to find out the answer to this query.
Although the laws are not conducive to the patients, it is important to seek the help and guidance of a seasoned attorney handling such cases. In Florida, healthcare costs have become affordable than ever, but the medical malpractice laws also need to be consistent so that every person gets fair justice in court. As per the Florida Statutes 768.16 et seq, Florida Wrongful Death Act, if a patient passes away because of the negligence of the medical staff, his near and dear ones can bring a case of medical malpractice against the service provider. Here, let us understand who can bring a medical malpractice case in Florida.
Family members who are
- Dependent adult children for financial support on the deceased;
- Kids who are 25 years old or young;
- Parents of the deceased if the child was 25 years old or younger than that;
- The spouse of the deceased.
Can file a suit of medical malpractice against the erring party.
If the family member falls in any category besides the ones mentioned below, he or she cannot file a claim of medical malpractice against the health professional-
It is prudent to understand that laws are unfavorable to the patients and sad but a reality. As per the law, the family member can file a medical malpractice case against the medical professional if
- The patient was gainfully employed, and had it not been of the unfortunate incident; he would have accumulated more as per the remaining work-life expectancy.
- Depending on who paid them, funeral expenses can be recovered by the family;
- The family can recover medical bills in case of death caused due to negligence.
Can I Sue For Medical Malpractice?
If an 80-years old retired person passes away due to the doctor’s negligence or the hospital, his children are most probably in their 40s or 60s. They may be devastated due to this death, but as per the Florida laws, there is no dependent relative, spouse, or children under 25, so the family can only recover medical and funerals bills as recoverable charges caused due to negligence. Moreover, such suits can result in recovering bills of not more than $12,000. Often, the cost of filing a medical malpractice suit is somewhere around $40,000, and thus, it is not financially feasible to file such a suit.
Your Miami medical malpractice attorney can thus guide you and help you decide on filing a lawsuit.
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