Holding Hospitals Liable for Wrongful Death in Florida

Larry White • September 29, 2023

The loss of a loved one is a painful experience, but when that loss is caused by the negligence of a hospital or medical professional, it is a tragedy that could have been avoided. As a resident of Florida, it is important to understand the laws regarding wrongful death and how you can hold medical facilities accountable when their actions lead to the loss of a loved one. In this blog post, we will explore the factors that determine when a hospital can be held liable for wrongful death and the role of an attorney in pursuing justice.



When is a hospital liable for wrongful death?

A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional act of another party. In the case of a hospital, liability can arise if the medical staff or the facility itself fails to provide reasonable care, resulting in the death of a patient. For instance, if a nurse administers the wrong medication or dosage, resulting in the patient's death, the hospital may be held liable for wrongful death.


Medical malpractice cases are complex, and it's essential to understand the burden of proof required to hold a hospital liable. The plaintiff must show that the hospital had a duty of care to the patient, breached that duty, and the breach caused the patient's death. This is where the assistance of an experienced attorney is crucial in building a strong case.


Can a hospital be held liable for a patient's wrongful death?

Yes, hospitals can be held liable for wrongful death in Florida. Florida has specific laws governing wrongful death claims, which are filed by the decedent's survivors. This includes the spouse, children, parents, or other dependent relatives. Survivors can seek damages for loss of support, mental pain and suffering, and emotional distress caused by their loved one's wrongful death.


Can I sue a doctor when found negligent?

Yes, you can sue a doctor for medical malpractice. In Florida, medical professionals are held to a certain standard of care. If they fail to provide that level of care and it results in a patient's wrongful death, the victim's survivors can file a wrongful death claim against them.


Proving medical malpractice can be challenging, and it's essential to have an experienced attorney on your side. Your attorney must show that the doctor breached their duty of care and that the breach caused the patient's death. Additionally, your attorney must be able to prove that the death resulted in damages to the surviving family members.


How can an attorney help me?

An experienced attorney can help you navigate the complex legal process and build a strong case. They can conduct an investigation, gather evidence, and consult with medical experts to build a solid case against the hospital and healthcare professionals. An attorney can help you understand your rights and options, negotiate with insurance companies, and represent you in court if necessary.


In conclusion, hospitals can be held liable for wrongful death in Florida. The burden of proof is high, but with the help of an experienced attorney, you can seek justice for your loved one's death. To make sure you receive just compensation for your loss, make sure you choose a law firm with experience in medical malpractice and wrongful death cases that will work hard to maximize your recovery. With the right legal representation, you can hold medical professionals accountable for their negligence and ensure that your family is protected.


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