Orlando Hospital Malpractice Wrongful Death Lawyers
Whether it is for an emergency or for routine treatment, we depend on the care provided at a hospital when we have an illness or injury. While there are times when even the most competent care cannot prevent a patient’s death, far too many hospital errors and mistakes cause or contribute to the death of patients each year in the United States. When that happens, the surviving loved ones often experience financial devastation and emotional trauma.
When a hospital error leads to a wrongful death, the hospital may be held legally liable for the financial and emotional damages suffered by the surviving family members. If a loved one died while in the care of a hospital, and you believe that the hospital’s negligence or wrongful conduct contributed to that death, you may be entitled to compensation. At Bailey Fisher, our Orlando hospital malpractice wrongful death lawyers are committed to pursuing justice for surviving loved ones by ensuring that hospitals are held accountable for preventable errors that caused or contributed to the death of a patient.
What Is a Wrongful Death in Florida?
Not everyone who seeks care at a hospital can be healed. The very nature of a hospital means that death is a reality; however, if death could have been prevented, the law may consider it a “wrongful” death. Section 768.19 of the Florida Wrongful Death Act (FWDA) defines a wrongful death as “…the death of a person that is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued…” While there are an endless number of scenarios that could lead to the wrongful death of a patient while under the care of a hospital, common examples include:
- Misdiagnosing or failing to properly diagnose a patient
- Failing to provide care in a timely manner.
- Providing the wrong and/or ineffective medical care
- Anesthesia errors (too much, too little, and allergic reactions)
- Surgical errors
- Failing to provide follow-up care
- Administering the wrong type or wrong dosage of medication
- Failing to order appropriate diagnostic tests
- Errors and delays in communication among doctors, nurses, and other hospital personnel
What Is Medical Malpractice in Florida?
In Florida, medical malpractice requires the victim to prove negligence on the part of the defendant. Medical negligence occurs when a doctor or other healthcare professional commits a breach of the “standard of care.” Florida Statute Section 766.102 defines the applicable standard of care as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Just as a doctor or nurse can breach the standard of care, so can a hospital. A hospital, therefore, can be held liable for medical malpractice that results in the wrongful death of a patient.
When Is a Hospital Liable for a Wrongful Death?
Both medical malpractice and wrongful death are complex areas of tort (personal injury) law. When a patient dies while in the care of a hospital, a surviving family member must prove that the patient’s death was caused, in whole or in part, by an error or mistake that could have been prevented by the hospital. Because the doctors, nurses, and other healthcare professionals who interact with and treat patients at a hospital are often employed by the entity that operates the hospital, a hospital may be held liable for acts of medical malpractice committed by these individuals. Hospitals can also be held liable if they fail to properly screen healthcare professionals or hospital staff if that failure contributed to the wrongful death of a patient. A hospital may even be held legally accountable for medical negligence committed by physicians who are not directly employed by the hospital but who have “privileges” at the hospital where there is indicia of an agency relationship, either express or implied
What Compensation Am I Entitled to in an Orlando Hospital Malpractice Wrongful Death Lawsuit?
If you are eligible to file as a claimant in a Florida wrongful death lawsuit, you may be entitled to monetary compensation for the damages caused by the hospital’s medical malpractice. In a Florida wrongful death lawsuit, damages may be awarded to both the estate of the decedent and to eligible survivors. The estate may receive damages for injuries that occurred prior to the decedent’s death and/or are related directly to the decedent’s death and may include:
- Lost wages, benefits, and other earnings, from the time of injury to the time of death.
- Lost “prospective net accumulations” of the estate, or the present value of net savings, after living expenses, the decedent likely would have accumulated during his or her lifetime had they lived.
- Medical and funeral expenses paid directly by the estate.
Damages paid directly to a survivor are intended to compensate for the financial impact and emotional trauma suffered because of the wrongful death. In addition, if you are a beneficiary or heir of the decedent’s estate, you may ultimately receive some or all the compensation paid to the decedent’s estate.
Get Help from Experienced Orlando Hospital Malpractice Wrongful Death Lawyers
If a family member died while in the care of a hospital, and you believe that a preventable error caused or contributed to his/her death, you could be entitled to compensation. Having an experienced Orlando hospital malpractice wrongful death attorney on your side is the key to ensuring that the at-fault hospital is held accountable and that you are fully and fairly compensated for your loss. At Bailey Fisher, we are dedicated to aggressively advocating on behalf of surviving loved ones who lost a family member because of a preventable hospital error.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando hospital malpractice wrongful death lawyers will evaluate your case for free. For viable personal injury cases, we will follow up with the necessary legal action to hold the responsible party accountable for their negligence and recover the financial compensation you deserve for your pain, suffering, and losses.