Under Florida law, a wrongful death occurs when one person dies due to the legal fault of another party, including as a result of:

•  a negligence-based incident (such as a car accident)
•  medical malpractice
• a defective product, or
• an intentional act (including a crime).

Examples of medical malpractice include but are not limited to: failure to recognize symptoms, failure to diagnose, misdiagnosis, misreading lab results, failure to order proper testing, unnecessary surgery, surgical errors, wrong site surgery, improper medication or dosage, premature discharge, disregarding patient history, and more.

Not every case in which the outcome is negative will have a legal basis for a malpractice suit. If the doctor followed industry standards and made no mistakes when performing a medical service and the outcome is still negative, a cause of action for malpractice will not arise. Furthermore, even if a mistake is made during a medical procedure, a case for malpractice may not survive if there is no clear and lasting damage to the patient’s health and well-being as a result.

Florida law limits who has the ability to sue and the time limit someone has to pursue wrongful death and medical malpractice claims. If you believe a loved one has been a wrongful death or medical malpractice victim, call Pierre Legal today to discuss your claim.