Wrongful Death

Florida Wrongful Death Medical Malpractice Lawyers

When a patient puts trust in a doctor or medical facility, they have the right to expect the highest standard of care.  Sadly, not all patients receive a high level of care, and instead become victims of medical malpractice.   The worst cases of medical malpractice end with the wrongful death of a patient, leaving their loved ones devastated.  Every year, thousands of Floridians seek the advice of a wrongful death attorney because a family member has died because of a preventable medical mistake.

For over 40 years, the Florida wrongful death lawyers at Gilman Law LLP have built a proven track record assisting families who have lost loved ones due to medical negligence.  Our highly skilled wrongful death lawyers can handle the complicated documentation related to your medical malpractice claim, build a strong case to maximize your compensation, and guide you objectively through what can be an extremely painful process.  While nothing can replace your lost loved one, filing a medical malpractice lawsuit for their wrongful death can help you and your family regain some financial security and a sense of justice.

Florida Wrongful Death Medical Malpractice Lawsuit

Medical malpractice has reached epidemic levels in the U.S.  According to the Institute of Medicine, preventable medical malpractice kills between 44,000 and 98,000 hospital patients each year.   Over the past three decades, the Florida wrongful death lawyers at Gilman Law LLP have successfully obtained justice for thousands of people who lost loved ones because of negligence on the part of a health care provider, including doctors, chiropractors, dentists, nurses and hospitals.  Our Florida wrongful death lawyers have represented clients throughout the state in all manner of medical malpractice lawsuits, including those involving:

  • Misdiagnosis/failure to diagnose
  • Anesthesia error
  • Lack of informed consent before a medical procedure
  • Surgical error
  • Improper treatment of an illness or disease
  • Birth injury
  • Prescription drug error

If you suspect that your loved one died from a preventable medical error, it is important that you contact an experienced medical malpractice lawyer today, as litigating these types of lawsuits is extremely complex.  Under state law, plaintiffs can’t even file a medical malpractice lawsuit unless they obtain a written medical expert opinion from a physician licensed in the same or a similar specialty concluding that the treating physician or hospital was negligent.  At Gilman LLP, our access to top medical experts will enable our attorneys to document your loved one’s injuries and assemble the evidence needed to prove your case.  Our firm’s formidable reputation means insurance companies take us seriously, making it far more likely that your wrongful death lawsuit will be resolved quickly and fairly

Florida Wrongful Death Act

In Florida, the Wrongful Death Act controls who can claim damages, and what type of damages may be recovered, when a death is the result of intentional or negligent acts, including medical malpractice.  In these cases, the law allows claims to be made by:

  • Living spouse of the decedent for compensation for loss of companionship, pain and suffering.
  • Living spouse for of personal services (such as household work) and loss of income if the decedent was employed at time of death.
  • Any living blood relative that was partially or wholly dependent on the decedent for support. This includes children natural born or adopted, siblings that required the financial support of the decadent, grandparents, parents, or grandchildren.
  • Children under the age of 25 may claim damages for pain and suffering due to the loss of their parent.
  • A claim may be made for the “Lost Net Accumulations of the Estate.” This claim can be made if the estate can prove that the decedent would have continued to earn wages and accumulated more assets over time.
  • Medical bills paid by the estate that are in relation to the event that caused the death.
  • Funeral expenses can be claimed if the estate itself paid for the burial and not an insurance policy.

The Florida Wrongful Death Act does not cover the death of an elderly relative caused by medical malpractice.  Also, if a single man or woman with no children is killed by medical malpractice, no matter how blatant or obvious, there is generally no claim of pain and suffering allowed.


Legal Help for Victims of Medical Malpractice Wrongful Death Victims

Like most states, Florida imposes a strict two-year statute of limitations on medical malpractice lawsuits, including those involving claims of wrongful death.  To increase your odds of obtaining the full compensation the law allows, it’s vital you contact the experienced Florida medical malpractice wrongful death lawyers at Gilman Law LLP today.  With offices throughout Florida, the personal injury attorneys at Gilman Law LLP are available now to answer all of your legal questions.  Please complete our online form or contact Gilman Law LLP at (888) 252-0084 for your free, confidential, no-obligation case evaluation with one of our medical malpractice wrongful death attorneys today.