In our years of experience at Grossman Roth Yaffa Cohen, we’ve had many people inquire: Can I bring forward a medical malpractice claim on behalf of a deceased relative for my pain and suffering?
While the simple answer is “yes,” there are several guidelines and restrictions to keep in mind before considering a medical malpractice claim on behalf of a deceased relative.
Under Florida law, there are three categories of people who can bring a medical malpractice claim related to the death of a family member: (1) spouses of the deceased, (2) parents of the deceased, and (3) children of the deceased.
In addition, there is a set of restrictions for claims made by the children and parents of malpractice victims.
- For children: An adult child cannot bring a claim for the pain and suffering of a lost parent if the child is over the age of 25.
- For parents: Conversely, under Florida Law, a parent cannot bring a similar claim on behalf of a deceased adult child, who was over the age of 25.
However, if any of these restrictions make your claim ineligible, we can still meet with you to determine whether there are any eligible categories of damages that could be asserted beyond your pain and suffering.
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