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Tampa Personal Injury Lawyer > Video FAQs > Medical Malpractice FAQs > Can I sue for medical malpractice if a family member dies as a result of the malpractice?

Can I sue for medical malpractice if a family member dies as a result of the malpractice?

As usual, in law the answer depends before the wrongful death statute defines survivors. Survivors include the spouse of the deceased and any minor children under 25,. If there is no spouse, then it would be limited to the minor children under 25, and any blood relative that is dependent upon the deceased for support or services.

One of the quirks in the Florida medical malpractice law is that if there’s no spouse and no children under 25 there can be no claim for the wrongful death of someone whose death arose out of medical malpractice. If you want to change that law I recommend to my clients that you contact your legislators. They need to fix this glitch. It only applies in medical malpractice cases. If it were an auto accident case and there were no spouse and no children under 25, all children could pursue a claim for the wrongful death of the deceased, but not for medical malpractice in Florida.

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