Medical malpractice occurs when a healthcare provider fails to deliver care in accordance with established standards, harming the patient.
When a loved one suffers from a medical error, the impact can resonate deeply within the family. It’s natural for family members to seek justice and compensation on their behalf. Below, our Orlando medical malpractice attorneys dive deep into the circumstances under which a family member can pursue such a claim in Florida, highlighting the legal provisions and rights involved.
Who can file a medical malpractice lawsuit?
Direct patient claims
Typically, the individual who directly suffered harm from a medical error—the patient—must file the lawsuit. This principle holds unless the patient is incapacitated, deceased, or a minor.
Family member claims
In situations where the patient is unable to pursue legal action due to incapacitation or death, family members may have the right to file a claim on their behalf.
- Incapacitation: If the patient is incapacitated, a designated representative created by the appropriate legal paperwork, often a family member or a legal guardian, can file a claim.
- Death: If medical malpractice results in death, the personal representative of the deceased’s estate can file a wrongful death lawsuit. If you are a survivor, as defined by Florida Statutes § 768.21, family members such as the spouse, children, or parents can potentially recover damages for loss of support and services, mental pain and suffering, and medical or funeral expenses paid. However, with medical negligence claims, many of these damages are not recoverable by surviving adult children (defined as 25 years or older) of a parent who dies from medical negligence or by surviving parents of an adult child (defined as 25 years or older) who dies as a result of medical negligence pursuant to Florida Statutes § 768.21(8).
Criteria for filing as a family member
Family members must meet specific criteria to file a medical malpractice claim:
- Legal authority: The family member must have legal authority to act on behalf of the patient. This authority could be granted through a healthcare power of attorney or as a result of being appointed as a personal representative for the deceased’s estate.
- Direct impact: The claim must directly relate to the harm suffered by the patient due to the medical malpractice, and the compensation sought should correspond to damages experienced by the patient and, in cases of death, by the family as stipulated by law.
How DWK Law can help
At DWK Law, we provide compassionate and comprehensive legal representation to families facing the aftermath of medical malpractice. Our team guides clients through the complex process of determining eligibility to file a claim, understanding the nuances of Florida’s medical malpractice laws, and effectively advocating for the rights and compensation they deserve.
Call us today for assistance
Family members can and should pursue claims to seek justice for their loved ones under specific circumstances. If you believe your family has been affected by medical malpractice, contact DWK Law for a free consultation. Our experienced attorneys are here to evaluate your case, explain your legal options, and ensure your family receives the support and compensation necessary to move forward.
