If you have lost a loved one due to medical malpractice you may want to know if you have grounds for a wrongful death claim. In the state of Florida, you can file a wrongful death claim for a death that arises from medical malpractice. However, not all wrongful death claims are a result of medical malpractice. Here are some of the key differences to help you understand the two types of legal claims.
Wrongful Death Claim
A wrongful death occurs when the negligence, carelessness, intentional actions, or other wrongful act leads to the death of another. These types of deaths can arise from a variety of circumstances.
Here are a few examples of situations that could be considered a wrongful death:
- Death arising from nursing home negligence or abuse
- Death as a result of assault or injuries sustained by the assault
- Death occurring from manufacturer recalled or dangerous automobiles
- Car accidents caused by negligence that result in death
- Restaurants or grocery stores that sell recalled or dangerous food that result in death
- Dangerous conditions in an apartment complex that lead to an accidental death
These are just a few examples and not the only circumstances that you could file a wrongful death claim for. Wrongful death claims may also be filed in situations of medical malpractice. Here is more on the topic of medical malpractice.
Medical malpractice arises when a healthcare provider is negligent and the patient is injured or harmed as a result. In the case that a medical malpractice incident leads to the death of the patient, then the surviving family members or dependents may be able to file a wrongful death claim.
Here are a few examples of medical malpractice scenarios:
- Medication and prescription errors
- Negligent injuries during childbirth
- Surgical mistakes
- Failure to diagnose
- Delays in treatment
Again, this is not a complete list of medical malpractice. This list is just to give you an idea of the types of scenarios that may be considered medical malpractice.
Discuss Your Case with an Attorney
The best way to determine if you have a valid claim for either medical malpractice or wrongful death is to speak with an attorney. Be open with your attorney about the details of your situation. A qualified attorney will have experience with multiple types medical malpractice claims and can help you determine if your claim is valid and should be pursued.
If you believe that medical malpractice is the cause of the death of a loved one, then you should definitely consult with an experienced wrongful death attorney as soon as possible. In some states, such as Florida, a statute of limitations is placed on the amount of a time a surviving family member or personal representative of the decedent has from the time of death to file a claim. After this time has passed, they are no longer eligible to file a claim and forfeit their rights to financial compensation for the wrongful death. For this reason, it is in the survivor’s’ best interest to file a claim as soon as possible to recover damages from the wrongful death.