Who Can Sue For Medical Malpractice In Florida?
Medical errors can affect patients and their families in lasting ways. One of the first questions families ask is: Who can sue for medical malpractice in Florida? Not every relative has the right to file a claim.
State law limits who may act, depending on the patient’s age, the severity of the injury, and the type of harm.
Understanding Medical Malpractice in Florida
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm. This may involve missed diagnoses, surgical mistakes, medication errors, or negligent care in hospitals or nursing homes.
When these errors result in injury, long-term disability, or death, the patient or certain family members may pursue legal action. Cases may also involve harm in long-term care, where families can consult a nursing home abuse lawyer.
When the Injured Patient Can File
The patient who suffered the injury holds the primary right to sue. Adult patients may seek compensation for medical expenses, lost wages, and pain caused by negligent care.
The right to sue applies to most types of medical errors, as long as evidence links the harm to the provider’s breach of duty.
Family Members’ Rights to File
Florida law allows certain family members to act under specific conditions. Spouses may file if the injury results in severe or permanent harm. Parents may pursue claims for children who are 25 years old or younger. Adult children face more restrictions, especially if the parent survives the injury.
These rules clarify who can act and prevent multiple lawsuits for the same injury. Families navigating complex cases, including harm in nursing homes, may consult a nursing home abuse lawyer to understand eligibility.
Filing After a Medical Malpractice Death
If medical negligence causes death, only the appointed personal representative of the deceased’s estate can file a wrongful death claim. This person represents all eligible survivors, including a spouse or children.
The representative can recover damages for medical bills, funeral costs, lost support, and emotional losses. Survivors do not file separate claims; the personal representative manages the case for everyone entitled to compensation.
Statute of Limitations in Florida
Time limits are strict. Victims or their representatives have two years from the date they discovered the negligence to file a lawsuit, but no more than four years from the date of the incident. Rare exceptions apply for minors or concealed harm.
Acting quickly preserves the ability to claim compensation. Consulting a medical malpractice lawyer early helps families meet deadlines and build a strong case.
Who Can Be Held Liable for Medical Malpractice
Responsibility for medical malpractice may extend beyond the individual doctor involved. Hospitals, clinics, nurses, midwives, pharmacies, laboratories, and long-term care facilities may share liability if their actions contributed to the injury.
Proving liability requires showing that a provider owed a duty of care, failed to meet that duty, and directly caused measurable harm.
Turn to Freeman Injury Law for Guidance
Freeman Injury Law helps families understand “Who can sue for medical malpractice in Florida?” and how state law applies to their situation. We investigate claims, gather records, and communicate directly through phone, email, and text.
If you or a loved one suffered from medical negligence, contact us to get the money you deserve.