The Scary Truth About Medical Malpractice in Florida
Few know that in order to pursue a wrongful death medical malpractice claim in Florida the decedent must leave a surviving spouse or children under the age of 25. Many times we have had to explain to a potential client that although their loved one died from clear malpractice that no claim can be brought because of special treatment given to medical providers under the law. This unfair law precludes so many tragic claims. The law does allow a potential survivorship claim where the malpractice does not immediately result in death and the damages claimed are only from the time of the malpractice to the date of death.