Our Miami wrongful death lawyers receive several inquires per week with questions regarding medical mistakes that have killed patients. Sadly, Florida’s law prevents many victims from obtaining justice.
For example, if a case involves a parent who has lost an unmarried adult child (over the age of 25) with no minor children Florida’s Wrongful Death Act steps in to provide a complete bar to justice for the victims. In addition, Florida Statute §768.21 prevents any recovery by an adult child for the loss of a parent and for a parent for the loss of a child. More incredibly, if a patient dies with no family, no claim can be made.
As a Florida medical mistake lawyer I believe that this statute is unjust and unconstitutional as it provides doctors and hospitals a layer of protection that no other profession enjoys. Why should doctors and hospitals be immune from accountability for their fatal mistakes? If the same doctor kills a patient in the hospital parking lot by running them over and the patient is an adult child with no other survivors, his parents can recover for mental pain and suffering. However, should the same doctor kill the same patient ten feet away in the hospital by failing to prescribe a needed medication, no claim can be made.
This is another glaring example of Florida’s inherent distrust of the jury system and its unlimited obsession for protecting doctors and hospitals.
