If your loved one died because of a medical error, a Jacksonville, FL wrongful death lawyer with GED Lawyers can help you seek justice with a medical malpractice claim or lawsuit. We can help you pursue compensation on behalf of your family member’s estate and surviving beneficiaries.
Our Florida injury attorneys have decades of experience fighting for injury victims and their families. We understand the turmoil and grief a wrongful death can cause, and we offer our sincere condolences. We know no amount of money can bring back your loved one. However, we will work tirelessly to hold the medical provider who hurt them responsible so the economic burden caused by their death does not fall on you or your family.
Medical Errors Cause Thousands of Wrongful Deaths Every Year
Johns Hopkins Medicine reports that medical errors cause more than 250,000 deaths every year in the United States, making medical mistakes the nation’s third-leading cause of death. Our Jacksonville medical malpractice lawyers can help if your loved one’s wrongful death resulted from a health care provider or facility’s negligent or wrongful actions. We assist with cases involving:
- Medication errors, including those involving the wrong dose, wrong drug, or wrong administration
- Surgical errors, including wrong-site surgeries, wrong-patient surgeries, unnecessary surgeries, and anesthesia errors
- Diagnostic mistakes, including misdiagnosis, incorrect diagnosis, and failure to treat
- Lack of follow-up care, including ignoring or not communicating lab results, failing to provide surgical aftercare, lack of patient supervision resulting in falls or other injuries, and premature patient discharge
- Infections, including those caused by lack of treatment, unclean equipment or facilities, or foreign bodies (sponges, etc.) left inside a wound or surgical opening
Our Attorneys Can Help You Recover Wrongful Death Compensation
A fatal medical malpractice injury can result in significant health care expenses and other damages. You and your family should not have to pay for financial losses caused by someone else’s mistakes. In general, our Jacksonville wrongful death lawyers can seek compensation for:
- Medical bills. You should not have to pay for negligent or harmful medical care. We can recover the cost of treatment associated with your loved one’s medical malpractice injury, including hospitalizations, surgeries, doctor fees, and more.
- Funeral and burial expenses. According to Forbes Advisor, the average funeral costs around $8,000. Your family and your loved one’s estate should not be responsible for these expenses when they result from a wrongful death.
- Lost income. We can seek compensation for your loved one’s lost wages from the time of their injury until death. We can also seek awards for the value of wages and benefits the deceased would have likely earned, saved, and left to their beneficiaries had they lived.
- Lost support and services. You may qualify for financial awards for the loss of the deceased’s companionship, support, protection, or parental guidance and instruction.
- Pain and suffering. Surviving family members may receive damages for grief, emotional distress, and mental anguish caused by their loved one’s death.
Who Can Pursue Wrongful Death Damages?
In some states, family members can file a wrongful death suit directly. However, in Florida, Florida Statutes § 768.20 states that the deceased’s personal representative (executor) must take legal action on behalf of the deceased’s estate and surviving family members. The executor must list all the lawsuit’s beneficiaries when filing.
Is There a Damages Cap?
No. While the Florida statutes establish a cap on medical malpractice damages, a 2017 ruling by the Florida Supreme Court (North Broward Hospital District v. Kalitan Annotate this Case) struck the cap down as unconstitutional. Effectively, there is no longer a legal limit on recoverable damages for a wrongful death caused by medical error.
How Long Do You Have to Take Action?
Florida Statutes § 95.11 allows two years to file a wrongful death lawsuit based on medical malpractice. The clock generally starts when your loved one’s fatal injury occurred or two years from when you discovered the injury resulted from a medical error. However, some circumstances can extend the deadline, such as if the victim is a minor.
Our Florida personal injury lawyers can tell you more and help you get started before the statute of limitations expires.
Our Jacksonville Lawyers Can Establish That Medical Malpractice Occurred
To secure compensation on behalf of your loved one, you must prove that their death resulted from negligent, wrongful, or reckless medical treatment. The four elements for establishing medical negligence are as follows:
- Professional duty of care. The health care provider or medical facility that caused your injury had a professional responsibility to treat your loved one (i.e., a doctor/patient relationship existed)
- Breach of duty. The liable party failed to treat your loved one according to the accepted standards of the medical profession
- Causation of injury. The breach of professional duty (i.e., negligent medical care or lack of care) caused your loved one’s wrongful death
- Damages. Your loved one’s fatal medical malpractice injury resulted in financial losses and pain and suffering
Our Jacksonville wrongful death lawyers can build your case using evidence and prove your family’s right to compensation. We can:
- Prepare and file your medical malpractice insurance claims or wrongful death lawsuit
- Collect evidence, including medical records, eyewitness testimony, and expert opinions
- Handle case-related communications
- Negotiate for the maximum available settlement
- Represent you at trial if necessary
Throughout the process, our team will strive to provide you with professional, compassionate legal services. We want to make a difficult time easier on you and your family, not harder, so we will never give you the run around, leave you in the dark about the status of your case, or ask for upfront fees.
Reach Out to GED Lawyers Today About Your Duval County Case
GED Lawyers has stood for the rights of the injured and their families since 1995. Contact us today for a free consultation to learn more about how we can serve you and take your case on contingency. A team member is available 24/7 to connect you with a lawyer near you.