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