When a surgery ends in a patient’s death, families often struggle to understand what happened and whether someone could have prevented it. In Florida, families can file a wrongful death claim if surgical malpractice caused the death but these cases follow strict deadlines and complex rules.
What defines surgical malpractice in Florida
Surgical malpractice happens when a surgeon or medical team fails to meet the standard of care and that failure causes a patient’s death. To prove a malpractice claim in Florida, you must show four things:
- Duty of care: The surgeon owed a professional duty to the patient.
- Breach: The surgeon’s actions fell below the accepted medical standard.
- Causation: The breach directly caused the patient’s death.
- Damages: The loss resulted in measurable harm to the family.
You must support each part of the claim with expert medical testimony which makes these cases more complex than ordinary injury claims.
Wrongful death claims after surgical malpractice
Only the personal representative of the deceased’s estate can file a wrongful death claim in Florida. This person files on behalf of close family members such as a spouse or children. Families may recover two main types of damages:
- Economic losses: medical bills, funeral costs and lost income.
- Non-economic losses: pain, grief and loss of companionship.
Florida’s “free kill law” limits recovery for some adult relatives so you should speak with a lawyer to find out who qualifies.
Florida’s pre-suit process and deadlines
Florida law (§766.104 and §766.106) requires families to complete a pre-suit investigation before filing a malpractice lawsuit. You must send a written notice of intent to sue, backed by a verified opinion from a medical expert.
After that, a 90-day pre-suit period begins for investigation and settlement talks. Important timing rules include:
- Statute of limitations: You must file within two years of the death.
- Mediation: If no settlement happens during the pre-suit phase, the case must go to mediation.
Missing any step or deadline can permanently block your claim.
What you can do next
Surgical malpractice and wrongful death cases require medical knowledge, legal skill and strong representation. It is recommended to talk to an experienced malpractice attorney as soon as possible to protect your rights and make sure you meet every legal requirement.