Medical Malpractice Wrongful Death Claims in Florida
When a patient dies because a doctor, hospital, or other healthcare provider failed to meet the accepted standard of care, the family may have both a wrongful death claim and a medical malpractice claim. These cases sit at the intersection of two complex areas of law — and they carry procedural requirements that do not apply to standard negligence cases.
If your family has lost someone to what you believe was medical negligence, speak with an attorney as soon as possible. Deadlines in medical malpractice cases are complex, and certain steps must be taken before a lawsuit can even be filed.
When Medical Negligence Causes Death
The law does not hold medical providers to a standard of perfection. Medicine involves uncertainty, and not every bad outcome results from negligence. What the law requires is that a healthcare provider exercise the level of care, skill, and treatment that a reasonably prudent provider in the same specialty would have provided under similar circumstances. That is the standard of care.
A deviation from the standard of care — a failure that would not have occurred in the hands of a competent practitioner — is what gives rise to a malpractice claim. Common scenarios in which medical negligence leads to a patient’s death include:
- Surgical errors: Wrong-site surgery, uncontrolled bleeding, perforated organs, or anesthesia errors that cause fatal complications
- Failure to diagnose: Missed or delayed diagnosis of a condition — such as cancer, heart disease, pulmonary embolism, or sepsis — that, if identified in time, was treatable
- Misdiagnosis: A patient is treated for the wrong condition while the actual, fatal condition goes unaddressed
- Medication errors: Incorrect dosages, drug interactions, or administration of contraindicated medications
- Birth injuries: Negligence during labor and delivery that causes fatal injury to the mother or child
- Nursing home negligence: Failure to prevent infections, pressure wounds, or falls in a nursing home setting
Who Can File the Claim
Under Florida’s Wrongful Death Act, a wrongful death lawsuit — including one based on medical malpractice — must be filed by the personal representative of the decedent’s estate. The personal representative acts on behalf of the estate and all surviving family members who are entitled to recover under the Act. Survivors may include the surviving spouse, children, and parents, among others.
If the deceased did not have a will designating a personal representative, a probate proceeding may be necessary to appoint one. An attorney can assist with this process.
Florida’s Presuit Investigation Requirement
Medical malpractice claims in Florida require a mandatory presuit investigation before a lawsuit can be filed. Among other things, this process requires the claimant to conduct a reasonable investigation of the facts and obtain a written opinion from a qualified medical expert supporting the claim. The claimant must serve notice of intent to initiate litigation on each prospective defendant before filing the lawsuit.
This process has its own timing requirements. Because the consequences of failing to comply are severe — including dismissal of the claim — contact an attorney promptly after a loved one’s death. Do not wait.
The Role of Expert Testimony
Medical malpractice wrongful death cases are won and lost on expert testimony. Proving that a healthcare provider deviated from the standard of care requires a qualified medical expert in the relevant specialty — someone who can explain to a jury, in plain terms, exactly what the provider did wrong and why it caused the patient’s death.
Selecting the right experts, preparing them effectively, and presenting their testimony compellingly requires experience with medical malpractice litigation specifically. Eric A. Hernandez brings that experience — combined with the analytical rigor of a former federal prosecutor — to every case he handles.
Damages in a Medical Malpractice Wrongful Death Case
The damages available in a medical malpractice wrongful death case follow the same framework as other wrongful death claims under Florida law:
Survivors’ loss of support and services
Loss of companionship and guidance for surviving spouse and children
- Mental pain and suffering: for surviving spouse and minor children
Medical and funeral expenses
- Lost net accumulations: for the estate
Deadlines Are Critical — Consult an Attorney Promptly
The statute of limitations and presuit requirements in medical malpractice cases are complex, and the specific deadlines that apply to your situation depend on the facts. Do not try to calculate deadlines on your own. Missing a filing requirement in a medical malpractice case can permanently and irreversibly bar your claim.
If you believe a loved one’s death was caused by medical negligence, call an attorney as soon as possible — ideally within days, not weeks or months.
Why Eric A. Hernandez
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and a former law clerk to Florida Supreme Court Chief Justice Charles T. Wells. He is admitted to the U.S. Supreme Court Bar and has more than 25 years of trial experience. He has handled complex cases against well-funded institutional defendants — including hospitals, medical groups, and their insurers — and brings the same disciplined, evidence-driven approach to every medical malpractice case.
He is bilingual in English and Spanish and serves clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and greater Broward County.
Contact HLM Injury Lawyers — Free Consultation
If your family has suffered a loss due to suspected medical negligence, call HLM Injury Lawyers at (305) 842-2100 for a free, confidential consultation. Time is critical in these cases. There is no fee unless we recover for you.
HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100