Sinclair Law Offices

KIP SINCLAIR | MEDICAL MALPRACTICE | NURSING HOME INJURY ATTORNEY FLORIDA

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KIP SINCLAIR

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Kip is one of the most prestigious trial lawyers in the USA, winner of multi-million dollar settlements, ranked among the top 1% of  all lawyers.

Medical Malpractice Death Cases

Florida May Expand Right to Sue for Medical Malpractice Death Cases

Florida May Expand Right to Sue for Medical Malpractice Death Cases

There may be a light at the end of the tunnel for Florida’s restrictions on who can file a medical malpractice wrongful death lawsuit.

The present law (Florida Statute Section 768.21(8) restricts who can file a lawsuit for medical malpractice resulting in death.  As of now, the only people who can file a lawsuit are a surviving husband or wife or children UNDER THE AGE OF 25.

This is extremely restrictive and assumes that if a child is over 25,  the death of a parent doesn’t matter to them. This is wrong, wrong, wrong.  The law was put into place by the Florida Legislature in response to a “medical malpractice crisis” which the Florida Supreme Court has ruled doesn’t exist anymore.

So a recent appellate case on this issue was just certified to the Supreme Court for review.  We are now awaiting two things:

  1.  Will the Supreme Court accepts this case and rule on it, and
  2. Will the ruling uphold the wrongful death act or overturn it.

Stay tuned.

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