Legal Question in Medical Malpractice in Florida

Neglect

Does FL.law permit an adult child to sue a hospital/doctor for neglect I feel resulted in the death of my mother?? Mom was 69 y.o., had COPD in end-stage emphsyema, had 3 compression fractures. She had been hosptialized many times for emphysema. Each time she was treated and discharged to home. This particular time the doctor talked of putting in a central line to provide her nutrition/hydration but never did, no IV fluids either. Everyday her condition deteriorated. She was unable to eat. Records showed 0 under intake. I spoke with the doctor and asked why he hadn't put in a central line for nutritional/hydration. He said he'd put in a one if I wanted him to. Of course I did. However, after evaluation, the surgeon said that it was too little too late; the procedure may worsen her condition. One and a half days later, she died. I had seen her in and out of the hosptial many times under these same conditions, and each time they were very focused on her nutritional status. This time it appeared they just wrote her off. I know it was not my mother's wish to die, as she discussed this with the doctor when she was admitted. And she had no Advanced Directives either.


Asked on 3/30/00, 6:06 pm

1 Answer from Attorneys
Christopher Wigand Fenster & Faerber

Re: Neglect

Yes, you do have a claim under the survivor statute you are entitled to the following:

All children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

The decedent's personal representative may recover for the decedent's estate the following:

Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered.

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Answered on 4/13/00, 9:00 am


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