Filing a Wrongful Death Claim for a Fatal Medical Mistake in Florida

Deaths resulting from medical errors are far more common than they should be. This includes deaths resulting from diagnostic errors, surgical errors, medication errors, and a wide range of preventable mistakes. If you have lost a loved one and you suspect that medical negligence may be to blame, you should speak with a Florida wrongful death lawyer about your family’s legal rights.

Why? There are two main reasons. First, filing a wrongful death claim provides an opportunity to seek accountability and closure. When healthcare providers make mistakes, holding them accountable reduces the risk of repeating them. For many family members, knowing that their loved one has been held accountable also allows them to begin the process of moving on.

Second, filing a wrongful death claim provides an opportunity to seek compensation for your loved one’s preventable death. While no amount of money will ever replace what you have lost, losing a loved one too soon has financial and non-financial costs that grieving families can (and should) seek to recover.

Establishing that Medical Negligence is to Blame for a Loved One’s Death

Whether your loved one’s healthcare provider admitted to making a mistake or you have other reasons to be concerned about medical malpractice, one of the first steps toward pursuing a wrongful death claim in this scenario is to definitively establish the cause of your loved one’s death. This involves hiring a Florida wrongful death lawyer to review your loved one’s medical records, conduct an investigation, and consult with medical experts who understand the quality of care your loved one should have received under the circumstances at hand.

To file a wrongful death claim based on medical malpractice, there are four things that a patient’s family must be able to prove. When you hire a Florida wrongful death lawyer to represent your family, your family’s lawyer will work diligently to determine whether sufficient evidence is available to prove the “four Ds”:

• Duty of Care – In wrongful death cases, families must be able to prove that their loved one’s healthcare provider owed a duty of care. Healthcare providers generally owe a duty of care to their patients in the medical setting, so this element will be satisfied in most circumstances.
• Dereliction of Duty – Families must also be able to prove that their loved one’s healthcare provider breached the duty that was owed. Not all medical errors necessarily rise to the level of medical malpractice. However, if other healthcare providers had avoided the same mistake under similar circumstances, then a medical malpractice claim may be warranted.
• Direct Causation – Filing a wrongful death claim also requires proof that the healthcare provider’s dereliction of duty caused the patient’s death. Along with proving dereliction of duty, this is an area where the insights of an independent third-party medical expert are critical for establishing family members’ legal rights.  
• Damages – Finally, filing a wrongful death claim requires proof of the family’s damages, or financial and non-financial losses. If you have lost a loved one due to medical negligence, there is no question that your family has suffered losses. Once you hire a Florida wrongful death lawyer, your lawyer will work with you to document your family’s losses and determine how much financial compensation your family should seek under the circumstances at hand.

If your family (or your family’s lawyer) can establish the “four Ds,” then your family is entitled to financial compensation under Florida law. Filing a wrongful death claim typically starts with dealing with the healthcare provider’s insurance company—and most successful claims are resolved via out-of-court settlements. With that said, some cases do go to court, and it will be important for you and your loved ones to have realistic expectations going forward. One of our lawyers can explain everything you need to know during your free initial consultation.

Steps to Take if You Think Your Family May Have a Wrongful Death Claim

If you think your family may have a wrongful death claim involving medical malpractice, there are some steps you should try to take promptly. Taking action promptly can be important in this situation, and while we know it can be difficult, we strongly encourage you to prioritize protecting your family’s legal rights.

In this scenario, you should:

1. Gather Your Loved One’s Medical Records (if Possible)

If you have access to your loved one’s medical records, you should gather them and keep them in a safe place. If you don’t have access, that’s completely fine—your family’s lawyer will be able to obtain them later.

2. Start Keeping Track of Your Family’s Costs

As your family incurs costs related to your loved one’s death, you should try to keep track of these costs as best you can. Receipts and account statements can both be used as evidence in wrongful death cases, but it can be helpful to record additional details as well.

3. Start Documenting the Ways that Losing Your Loved One Impacts Your Life

Along with keeping track of your family’s costs, you should also try to start documenting the ways that losing your loved one impacts your life. We understand that losing a loved one will impact all aspects of your life; but, if you can write down specific examples, this is the type of information your family’s lawyer will need to seek financial compensation.

4. Schedule a Free Consultation

You should schedule a free consultation with a Florida wrongful death lawyer as soon as possible. If your family has grounds to file a claim, hiring a lawyer promptly will help give your family’s lawyer the best chance of establishing accountability and securing financial compensation on your family’s behalf.

Contact Us for a Free Consultation with a Florida Wrongful Death Lawyer Today

If you need to speak with a Florida wrongful death lawyer about your family’s legal rights, we encourage you to contact us today. Please call 800-780-8607 or tell us how we can get in touch online to arrange a free consultation at Searcy Denney.