Medical and surgical advances have made life better for many of us, with new medications and treatments coming onto the market constantly. Unfortunately, sometimes those products may cause more harm than good. In some cases, tragically, they may even lead to death.
If your loved one loses his or her life due to the wrongful conduct of someone else – whether it’s from a defective drug, nursing home neglect, nursing home abuse, medical malpractice, biomedical device failure, a drug interaction, an item left behind following a surgery – it’s considered a wrongful death.
In the state of Florida, various laws allow survivors of people who suffer a wrongful death through medical malpractice to file civil lawsuits. However, proving fault in a medical malpractice case can be very difficult. Steve Rothenburg, an Ocala wrongful death attorney with more than 25 years of medical malpractice experience, can help you navigate this complex litigation.
Florida Statutes state that only a personal representative of the deceased person’s estate may file a wrongful death lawsuit. This may include the person’s spouse, children, parents, blood relatives who depended upon the deceased person for support, adoptive brothers or sisters, or children born out of wedlock.
In addition, a child born to unmarried parents may recover damages if his or her mother dies. However, if his or her father dies, and the parents are unmarried, the child can only recover damages if the father was obligated to support him.
Some damages that may be recovered in a wrongful death case in Florida include loss of companionship and protection, medical and funeral expenses, pain and suffering, loss of support and services, and loss of parental companionship, instruction and guidance.
In Florida, anesthesia errors caused by the negligence or carelessness of the operating room team are a type of medical malpractice case. That means you have a two-year statute of limitation from the time of the error to file a lawsuit.
If you or a loved one was seriously harmed by an anesthesia error, trust the Ocala anesthesia error attorneys at the Rothenburg Law Firm. Attorney Steve Rothenburg has more than 25 years of experience in medical malpractice law. He spent five years as a medical prosecutor with what is now the Florida Department of Health.
The statute of limitations for wrongful death cases in Florida is two years from the date your loved one passed away. So, if your loved one died from medical malpractice in June 2017, you have until June 2019 to file a wrongful death lawsuit. That’s why, if you suspect a loved one’s death was caused by the negligence of a medical professional, nursing home professional, a defective drug or a faulty product, you should call a lawyer immediately.
We work on a contingency fee basis. That means there is no cost to you for attorneys’ fees or costs if we are unsuccessful.