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Medical Malpractice in Florida Leading to Wrongful Death Actions


When a patient dies unexpectedly, due to the likely negligence or misconduct on the part of the physician or hospital, it only makes sense that the deceased’s family will want to hold the responsible entity accountable for the wrongful death.

If your loved one died as the result of medical malpractice in Florida, one of our experienced and compassionate wrongful death attorneys in the Clermont area can help.

Common Types of Medical Malpractice Cases that Lead to Wrongful Death Claims

Any type of medical misconduct that causes a patient’s untimely passing could potentially be considered medical malpractice, especially if harmful action is considered unreasonable by medical experts in a similar field. Some of the most common kinds of cases that give rise to wrongful death cases include fatalities that stemmed from:

  • Surgical errors,
  • Misdiagnoses,
  • Anesthesia mistakes,
  • Faulty or defective medical devices,
  • Medication mistakes, including undisclosed drug interactions,
  • Product liability cases involving dangerous drugs.

Procedures and Conditions More Frequently Associated with Wrongful Death Claims

Likewise, no medical field is immune from medical malpractice and wrongful death claims. Some industries do experience higher volumes of medical malpractice claims than others though, due in part to the inherent dangers of the procedures, or the poor health – in general – of patients requiring those treatments.

Some of the procedures or conditions most associated with wrongful death actions include:

  • Gastric bypass procedures;
  • Cosmetic surgery and liposuction;
  • Oncology and cancer treatments and surgeries;
  • Birth injuries;
  • Cardiology procedures.

Florida Medical Malpractice Statute of Limitations     

In Florida, the statute of limitations has been shortened in recent years to only two years from the date the medical malpractice either took place, or was or should have been discovered – as opposed to the standard time limit of four years for other personal injury claims.

In addition, medical malpractice claims are typically barred after a total of four years have passed, even if the malpractice was not discovered and the lack of discovery is deemed reasonable under the circumstances.

The strict statute of limitations in the state of Florida is one reason why it is so important for you to work with an experienced medical malpractice wrongful death attorney who understands how the time limits could affect your case.

Consult an Experienced Wrongful Death Attorney in Florida

Because both wrongful death cases and medical malpractice claims can be complex, it is important that you work with an experienced wrongful death attorney in Clermont who also handles medical malpractice claims and is familiar with how these cases are handled in Florida.

Our compassionate wrongful death attorneys at the Scoma Law Firm understand that working to hold the doctor, hospital or product manufacturer responsible for causing the death of your loved one will only be one component of your family’s recovery and grieving process. Still, receiving much-needed compensation can ease some of the financial burden you are facing during such an upsetting time.


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