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What You Should Know About Medical Malpractice and the Deceased


Medical malpractice attorneys at Edwards & Ragatz fight for patients who suffer at the hands of those they trust to safeguard their health the most — their medical professionals — often try to recover some monetary award for any medical expenses that were incurred as a result of the mistake. There is often an additional amount awarded to the patient for pain and suffering as well. While a medical malpractice lawsuit based on the above scenario has a pretty clear answer, does the situation change if the person is deceased?

Sometimes, medical mistakes have far more dire consequences than an injury, pain and suffering. In the case of a patient who is deceased as the result of medical personnel’s actions or a mistake, a family member might wonder if they have any legal ground onto which they can bring a medical malpractice lawsuit. The simple answer to this line of questioning is “yes.” However, there are a few restrictions and guidelines you should be aware of first.

Florida law makes it very clear who can file a medical malpractice attorney Jacksonville claim that is related to a family member’s death. These persons fall into one of three categories and include the deceased’s spouse, children and parents.

If your relationship to the deceased person who suffered medical malpractice does not fall into one of the above categories, you should still make an appointment with a Jacksonville medical malpractice attorney. There could be other avenues and categories of damages that are open to you.

In addition to the categories mentioned above, there are also restrictions that govern claims made by the parents and children who have experienced the death of a loved one due to medical malpractice.

If you are the parents of a person who is deceased due to medical mistakes and that person is your child who is over the age of 25, you cannot bring a claim of medical malpractice related to him or her. On a similar note, if you are an adult child whose parent is deceased due to medical malpractice, you cannot bring a claim against medical personnel if you are over the age of 25.
As noted above, however, even if you are over the age of 25 — or your child was over the age of 25 — when the medical malpractice occurred, it’s important to still meet with an attorney who is experienced in such cases. There could be other categories of damages that you are entitled to that could result in a monetary award on your behalf.

If you or a loved one are looking for a medical malpractice Jacksonville attorney, consider contacting Edwards & Ragatz. As experienced lawyers who partner with you to fight for everything you deserve, Edwards & Ragatz are the attorneys you can in your corner. We even provide you with a free consultation, so we can determine if you have a legitimate claim regarding the death of your loved one. It’s important to remember, though, that by starting the process in a timely manner, there could be more options available to you. Contact an esteemed personal medical malpractice attorney Jacksonville at Edwards & Ragatz for a free consultation: (904) 295-1050 or through our website

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