Wrongful Death Claims for Medical Malpractice in Florida

scrubs and gavel representing medical malpractice

We trust doctors, nurses, and other medical professionals to make good decisions regarding our healthcare. Unfortunately, however, they sometimes make mistakes—and these mistakes can be deadly. When a mistake by a healthcare provider results in a person’s death, family members of the deceased individual can seek compensation by filing a wrongful death claim. Although nothing can erase the pain caused by the death of a loved one, the compensation available via a wrongful death lawsuit can help ensure that the death doesn’t result in financial difficulties for family members. Below is an overview of wrongful death claims for medical malpractice in Florida. 

Examples of Medical Malpractice

There are several types of medical malpractice that can result in wrongful death claims in Florida. Examples of medical malpractice include: 

  • Failing to properly clean surgical equipment 
  • Failing to order appropriate tests to properly diagnose a patient’s condition
  • Medication errors, such as giving a patient the wrong amount of medication, prescribing the wrong medication, mixing up different patients’ prescriptions, and failing to consider a patient’s medical history before prescribing a certain medication
  • Administering an excessive amount of anesthesia during surgery
  • Failing to follow up with a patient after surgery or other medical treatment
  • Wrongly diagnosing a patient’s condition 
  • Leaving surgical equipment inside a patient’s body after surgery

Medical Malpractice and Informed Consent

In addition, healthcare practitioners are required to obtain informed consent from their patients prior to providing medical treatment. It is a form of medical malpractice to fail to obtain a patient’s informed consent prior to performing a medical procedure. Part of informed consent involves informing patients about the potential side effects and complications of a course of treatment prior to its commencement. If a patient dies following treatment for which he or she did not receive informed consent, then the patient’s family members may file a medical malpractice wrongful death lawsuit.

Statute of Limitations for Wrongful Death

The statute of limitations for a wrongful death claim in Florida is two years from the date of the person’s death. Therefore, if you have recently lost a family member due to medical malpractice, you should contact a Florida wrongful death attorney as soon as possible. 

Legal Assistance for Medical Malpractice 

If you’ve lost a loved one due to the negligence of a doctor, nurse, or another healthcare practitioner, you need an experienced Florida wrongful death attorney on your side. At Staples Ellis, we understand the pain caused by the loss of a loved one. Although nothing can compensate you for such a loss, the financial compensation that may be available to you via a wrongful death lawsuit can help ensure that you don’t suffer financially during your time of grief. At Staples Ellis, we are here to offer you the experience, knowledge, and personal concern that you deserve during this trying time. Please contact our office today to arrange a consultation. 

Posted in: Medical Malpractice