Who Has a Right to Recover After a Florida Wrongful Death Due to Medical Malpractice?

When a doctor does not perform a procedure correctly, does not diagnose a condition correctly, misdiagnosis cancer, or conducts any other form of medical malpractice in Florida that ultimately leads to the death of that patient, the heirs of the victim may be able to seek justice.

Although collecting financial compensation will not take away the pain of losing your loved one, holding a negligent doctor or health care professional responsible for their actions is the right thing to do.

When your family member suffers at the hands of a negligent doctor, you suffer as well. Find out who can seek a recovery and what types of damages can be recovered under Florida's wrongful death act as a result of medical malpractice. Those that can seek justice in a Florida wrongful death case includes:

  • Spouse of the victim - these damages could include loss of companionship, mental and emotional pain and suffering, lost economic support, and lost services.
  • Living children - if under the age of 25, children can recover damages for suffering mental and emotional pain due to the loss of a parent.
  • Blood relatives - damages for blood relatives are available if that blood relative relied partially or entirely on the deceased victim for services or financial support.
  • Children, adopted children, brothers, sisters and grandparents - if partially or fully dependant on the deceased may recover benefits for the value of their lost financial support or services.
  • The estate - if the estate can predict that the person who died could have made more money during his or her work-life expectancy, then the estate can recover for those lost assets. The estate can also collect compensation for medical bills that was caused by the medical malpractice and the funeral expenses.

The remaining family or estate will most likely be entitled to financial compensation for medical bills, funeral expenses, costs associated with the medical malpractice, and other costs such as lost wages, emotional pain and suffering, and more. In order to find out if you are entitled to receive benefits and to what benefits you are entitled to, you need to talk with a skilled Fort Lauderdale wrongful death attorney.


Find out more about your legal rights by calling a South Florida wrongful death lawyer at the Law Office of David Benenfeld. You can contact our office at 866-9 HELP NOW or 866-943-5766 to schedule a free, no obligation legal consultation.


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