The death of a loved one is difficult, especially when it is unexpected. When the life and health of your family member is placed in the hands of a medical professional, must trust is placed in them. Thus, when the negligence or error made by a medical professional is the cause of their death, this can feel like a betrayal of your trust as well as the source of your pain and losses.
Florida wrongful death
When a loved one dies due to medical malpractice, family members have legal rights. A civil action, such as a wrongful death claim, is available in these matters in Florida. However, due to a law enacted in 1990, some families faced major hurdles when it came to seeking damages for pain and suffering due to a death caused by medical malpractice.
As it is written, the law states that if a person’s death is caused by a doctor’s mistake and they are over the age of 25, unmarried and do not have any children under the age of 25, no one can sue for pain and suffering. As such, this law not only bars some loved ones from being able to pursue a wrongful death but also prevents them from holding doctors liable for their mistakes.
Law appears set to be repealed
Based on recent reports, this law known as “free kill” is on the verge of being repealed. The Florida Senate voted recently, and a 33-4 vote supported a repealing of the law. Critics argue that this statute treats victims of medical malpractice differently and on the basis of their marital status or if they have children of a certain age.
Back in March, the House passed the bill. Now that the Senate passed the bill, the state of Florida waits for the governor to either sign or veto the bill.
When medical mistakes are made, those impacted by them should be able to hold the medical professional at fault liable for their mistakes. Moreover, the family members impacted by the loss of a loved one due to medical malpractice should be able to recover economic damages for their pain and suffering. Navigating a medical malpractice or wrongful death suit can be complex, emotional and overwhelming. A legal professional can help ease the process, answering any questions or concerns you have.