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Boca Raton Personal Injury Lawyer > Blog > Wrongful Death > My Loved One Died Due to Medical Malpractice: Can I Sue for Wrongful Death?

My Loved One Died Due to Medical Malpractice: Can I Sue for Wrongful Death?


The loss of a loved one is always a painful and emotional experience. The situation is even more distressing if your loved one’s death is the result of medical malpractice. In such a case, you may be wondering if you can take legal action against the negligent doctor or healthcare provider.

The short answer is “Yes, you can sue for wrongful death if your loved one died due to medical malpractice.” If you lost a loved one and believe the doctor deviated from the accepted standards of care, contact Leifer & Ramirez. Our Fort Lauderdale wrongful death lawyers can help you file a lawsuit against the negligent medical professional who caused your loved one’s death.

What Is Wrongful Death?

Wrongful death is a death caused by the negligent or intentional act, default, or omission of another person or entity. It is a legal action that allows surviving family members to seek damages from the liable party for the loss of their loved one. The damages may include medical expenses, funeral costs, loss of income, loss of companionship, and more.

Can Medical Malpractice Cause Wrongful Death?

Yes, medical malpractice can cause wrongful death. Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care, and as a result, a patient suffers an injury or dies. Several factors can contribute to medical malpractice, such as misdiagnosis, surgical errors, medication errors, and more.

Common Types of Medical Malpractice That Can Result in Wrongful Death

There are different types of medical malpractice, but some of the most common that can result in wrongful death are:

  • Surgical errors: such as wrong site surgery, leaving surgical instruments inside the patient, or causing damage to vital organs during surgery.
  • Diagnostic errors: such as misdiagnosis, delayed diagnosis, or failure to diagnose a medical condition.
  • Medication errors: such as prescribing the wrong medication, administering the wrong dosage, or failing to monitor a patient’s reaction to a medication.
  • Anesthesia errors: such as administering too much or too little anesthesia, failure to monitor vital signs during anesthesia, or administering anesthesia to a patient with known allergies.

A patient can die due to other forms of medical malpractice. In any case, you will need to prove that the defendant (the negligent healthcare provider) deviated from the accepted standards of care, which resulted in your loved one’s death.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, only the personal representative of the decedent’s estate can file a wrongful death claim (Florida Statutes § 768.20).

The personal representative is appointed by the court and is responsible for managing the decedent’s estate. However, the surviving family members, such as the spouse, children, and parents, receive damages from the claim.

Lost a Loved One? Speak with a Wrongful Death Lawyer

If you lost a loved one due to substandard medical care or a healthcare provider’s negligent conduct, our lawyers at Leifer & Ramirez can help. We represent families whose loved ones died due to medical malpractice and other forms of negligence or wrongdoing. Our lawyers assist clients in pursuing claims against hospitals, doctors, surgeons, nurses, and other healthcare professionals. Call 561-660-9421 to receive a free consultation.


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