Legal Question in Medical Malpractice in Florida

sisters death

me sis was 28. my parents were her legal guardians. she has been disabled since birth. she never worked or lived with anyone but us. a doctor treated her for an infection she did not have and damaged her kidney's as a result she died.why can't my parents sue the doctor? she was an adult but also was not because of her condition.


Asked on 2/16/09, 11:58 am

1 Answer from Attorneys

Steven Meyer CPLS, P.A.

Re: sisters death

I am sorry to hear about your loss. The first question is whether there is a possible claim for medical malpractice. These are very difficult cases to prove. An expert witness is required early on in the case, and this becomes quite expensive. If an expert agrees that there is a case for medical malpractice, then there are two claims under Florida's wrongful death act. The first is on behalf of your sister's estate, which is the entity created by the probate court. The second is your parents' individual claims for their own pain and suffering for the loss of an adult child. There are very strict time limits on these claims. You should consult with an attorney in your area who has experience in this type of claim right away. If you wait too long, it may be too late to pursue any claim.

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Answered on 2/16/09, 7:56 pm


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