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Can Anything Be Recovered If Medical Malpractice Causes The Patient To Die?

Under certain circumstances, yes. Under Florida law there must be what’s called a survivor in order to bring a wrongful death medical malpractice case. Unfortunately, the law is in med mal cases the only survivors are a surviving spouse, a child under the age of 25 of the decedent, or a blood relative who was being supported in whole or in part by the person who died. When you have an elderly person who dies … and I get calls like this several times every week. Someone’s died, they are elderly, they no longer have a surviving spouse, their children are over the age of 25. I have to tell these poor people that even though there may have been the worst malpractice in the world, you’re out of luck. We’re not going to be able to succeed for you.