Who can sue for medical malpractice under Florida law?
When a patient is injured due to medial malpractice, the patient can bring suit. Many times, the patient’s spouse and/or children may also have a claim. When a patient dies as a result of medical malpractice, the patient’s estate may file suit under the Florida Wrongful Death Act. If the patient was an adult, the persons permitted to recover for medical malpractice under the wrongful death law are the patient’s spouse and the patient’s children who are under the age of 25 years. If the patient was a child, the child’s parents may recover under the wrongful death law.