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In most cases, the victim of medical malpractice must be the one to file a lawsuit for medical negligence, surgical errors, or other medical mistakes. But if the patient is incapacitated, deceased, or a minor, then a close relative or other interested party may sue for medical malpractice on the victim’s behalf.
For example, surviving family members may file a wrongful death lawsuit if the medical malpractice or misdiagnosis led to the victim’s death. Our experienced West Palm Beach medical malpractice lawyers can review your loved one’s condition and advise you of your legal options, including filing a lawsuit.
When a family member can make a medical malpractice claim
The Florida Wrongful Death Act permits the personal representative of the deceased to file a wrongful death lawsuit. The personal representative is usually the executor of the will or the court-appointed estate administrator.
Survivors can potentially recover damages for money spent on funeral and burial expenses and other material losses they experienced due to the death of their loved one. They may also claim non-economic damages for loss of support and services, as well as mental pain and suffering. However, adult children (aged 25 and older) of adults who pass away due to medical negligence, or negligence in a nursing home, may not be eligible to recover many of these damages.
Family members may also file a lawsuit if the victim is incapacitated; these suits require a designated representative to file the appropriate paperwork.
It’s important to act fast if you plan to file a lawsuit. The Florida statute of limitations to file a medical malpractice lawsuit or wrongful death suit is just two years.
Criteria for filing a malpractice suit as a family member of the victim
Florida law sets specific requirements that family members must meet to file a medical malpractice claim on behalf of their loved one. The person filing the lawsuit must have legal authority to act on behalf of the victim, such as a granted healthcare power of attorney, status as the legal guardian of a minor or incapacitated adult, or status as the personal representative of the deceased’s estate.
The filing party must also establish that the harm suffered by the patient was directly caused by the negligence of the defendant in a medical malpractice claim (e.g., doctor, nurse, anesthesiologist, etc.) and that the compensation sought corresponds to the damages caused by the medical professionals.
Establishing medical malpractice
Medical malpractice is defined as the failure of a medical professional to provide the standard of care that is accepted in the medical community for a patient. This may include failure to run the proper tests to accurately diagnose the patient, a surgical error, including improperly administered anesthesia, birth injuries (to mother, baby, or both), and a patient contracting an infection or disease like MRSA due to unsanitary conditions.
Your lawyer must affirm that medical malpractice occurred for your family to have grounds to sue on behalf of your loved one.
Legal advocacy in medical malpractice cases
Determining your eligibility to file a lawsuit on behalf of an incapacitated or deceased loved one rests on establishing yourself as the personal representative of the victim. Our medical malpractice attorneys can assist with filing a medical malpractice claim against all liable parties, including the medical professionals responsible for the harm your loved one suffered and the facility where the malpractice occurred.
At Lytal, Reiter, Smith, Ivey & Fronrath, we have a strong track record of success with medical malpractice lawsuits, and we can help your family, too. Our firm offers free consultations; you can book yours using our secure online contact form or by calling (561) 655-1990.