A loved one’s death elicits intense feelings of shock, sadness, and grief. The grieving process may last a long time. During this highly emotional period families remain quite vulnerable. So, if they find out medical negligence may have caused or contributed to their loved one’s death it is vital to seek legal assistance.
First, they are in an extremely emotional state. Second, sound legal advice becomes necessary to find out exactly what happened. Finally, an experienced medical malpractice attorney will guide you through any necessary legal proceedings if you decide to file a lawsuit.
Florida Wrongful Death Act
The Florida Wrongful Death Act includes Florida Statutes Sections 768.16-768.26. This group of statutes governs civil actions for damages following a wrongful death caused by negligence. Some sections are summarized here:
- Section 768.20 – This part of the act states the personal representative of the decedent’s estate must file the lawsuit. The civil suit is filed on behalf of the deceased’s surviving family members. Your attorney will explain which family members become part of the civil suit.
- Section 768.21 – This section outlines recoverable damages. Damages may include survivors’ damages and estate damages. For example, loss of income, companionship, mental pain and suffering, medical or funeral expenses and other expenses. Each case is different, and your experienced attorney will provide you with this information.
- Section 768.23 – Jury instructions are part of this section. Very few wrongful death cases go to trial; most are settled out of court. However, if there is a jury trial, the judge will instruct the jury to consider numerous factors when calculating damages. Factors may include age, health, earnings, and life expectancy of the decedent and survivors.
Medical Malpractice Examples That May Lead To Deaths
Medical malpractice mistakes happen too often in the Sunshine State. In fact, the National Practitioner Data Bank (NPDB) recorded 1059 medical malpractice incidents in 2024 in Florida. There were 10,217 reported throughout the United States that year. So, Florida had 10% of the incidents. Of course, not all incidents resulted in death; however, some patients did pass away while others sustained permanent injuries. Some examples of medical malpractice that may lead to death include:
- Emergency room errors – If a patient goes to the ER with chest pains and is told they have anxiety or “gas” and a few hours later they experience a fatal heart attack that may be negligence. Hospital records will show if necessary tests were run on the patient while in the ER.
- Surgical errors – If a surgeon removes the wrong body part, or leaves instruments inside the patient, it’s medical malpractice. Either case is medical malpractice whether the mistake is fatal or not. Any time a surgeon fails to meet the standard of care that is expected of that profession it is medical malpractice.
- Misdiagnosis or delayed diagnosis – Similar to the ER error, whenever a medical professional fails to run appropriate tests on a patient they may be negligent. For example, yearly blood work should be ordered, and the results must be read by the physician. Also, failing to diagnose or properly treat cancer, or other significant health problems in a timely manner is grounds for a lawsuit.
- Medication errors – Giving the wrong medication or the wrong dosage causing death is another example of malpractice. Hospitals have numerous safeguards in place to monitor medications and dosages. So, medical professionals must adhere to the proper standard of care.
- Anesthesia errors – Failure to monitor a patient during or after anesthesia is grounds for negligence. Lack of proper care may lead to a fatal outcome.
- Infections – Hospitals work very hard to keep environments clean. Yet, some patients pick up infections during surgery. The symptoms may show up a day or two later and if the patient is already home, they must return to the hospital. Sometimes hospital acquired infections may be fatal.
Reasons To Hire an Experienced Attorney
Florida wrongful death claims are complex and emotionally draining. An experienced attorney provides support in key areas including:
- Knowledge of statutes and court systems- Your attorney understands the law and will build a strong case. For example, Florida State Legislators recently voted (2025) to repeal Florida’s “free kill” law. However, Governor DeSantis vetoed it. This may have affected those who can sue for pain and suffering. Your attorney understands these complex situations.
- Damages assessment- Experienced attorneys will assess your situation and set the appropriate damages amount.
- Deadlines- Your attorney knows the deadlines for filing a case and any necessary documentation. For example, Florida imposes a two-year statute of limitations for wrongful death claims. If you miss the deadline, you may be barred from filing the case, except in certain circumstances.
- Negotiations- An experienced attorney can successfully negotiate with hospital or insurance company attorneys and representatives.
- Formal steps- Your attorney will guide you through all the steps of the legal process. This ensures all documentation is present and expert testimony is available. Of course, each case is different and remains complex. So, make sure you contact an experienced attorney if you suspect your loved one’s death may have been caused by negligence.
