No loss is greater than losing a loved one due to medical negligence. When a patient dies because a healthcare provider failed to meet the medical standard of care, the legal claim is called wrongful death. Families not only face grief, but also financial strain, unanswered questions, and the need for accountability. When the death results from medical malpractice, compassionate and experienced legal representation is essential.
At Ligori & Ligori, Injury Lawyers, we represent families throughout Tampa and across Florida who have lost loved ones to medical negligence. With offices in Tampa, Orlando, Ocala, Lakeside, and Key West, we provide statewide support. Our attorneys are AV Preeminent® Rated by Martindale-Hubbell, recognized by Super Lawyers and Best Lawyers, and members of the Multi-Million Dollar Advocates Forum. These credentials reflect our professionalism, ethical standards, and dedication to serving families during their most difficult times.
What Is Wrongful Death in Medical Malpractice
Wrongful death occurs when a healthcare professional or facility fails to provide care consistent with accepted medical standards, and that failure leads to a patient’s death. This can involve surgical mistakes, anesthesia complications, misdiagnosis, delayed treatment, medication errors, or poor postoperative care. A wrongful death claim seeks accountability and financial recovery for the losses families suffer.
Florida Law on Wrongful Death
Florida law allows certain family members to pursue claims when negligence causes a patient’s death. To succeed, a claim must show:
- The provider owed a duty of care
- That duty was breached by negligent action or omission
- The breach caused the death
- The family suffered damages as a result
Damages may include medical costs prior to death, funeral and burial expenses, loss of support and services, and loss of companionship. Florida’s statute of limitations for wrongful death is generally two years from the date of death. Unlike other malpractice claims, no extensions apply for minors, making timely action critical.
Common Causes of Wrongful Death in Medical Malpractice
Wrongful death often results from:
- Misdiagnosis or delayed diagnosis of life-threatening conditions such as cancer, stroke, or sepsis
- Anesthesia errors or inadequate monitoring during surgery
- Surgical mistakes, including wrong-site procedures or retained instruments
- Medication errors such as overdose or harmful drug interactions
- Failure to respond to complications during recovery or post-surgery
- Radiology errors that delay or prevent life-saving treatment
Building a Wrongful Death Claim
A strong case requires careful evidence collection and expert input. Attorneys typically use:
- Medical and hospital records, including procedure notes, test results, and discharge summaries
- Autopsy or post-mortem reports where available
- Expert medical testimony showing how care deviated from accepted standards
- Documentation of financial costs, loss of income or support, and funeral expenses
- Testimony from family about emotional loss, companionship, or guidance lost
Who Can File a Wrongful Death Claim in Florida
Florida law specifies which family members may bring claims, generally including spouses, children, parents, and certain dependents. The statute also defines which damages are available to each family member, making legal guidance essential.
What Families Should Do
If you suspect your loved one’s death was caused by medical negligence:
- Request copies of all medical records, test results, and hospital notes
- Obtain any autopsy or post-mortem reports
- Keep communication records with providers regarding care or concerns
- Document expenses for medical treatment, funeral costs, and loss of support
- Consult an attorney before signing paperwork offered by hospitals or insurers
Damages in Wrongful Death Cases
Compensation may include:
- Medical bills prior to death
- Funeral and burial costs
- Loss of financial support and services
- Loss of companionship, guidance, or parental care
- Emotional pain and suffering for surviving family members
Compensation aims to relieve financial strain while recognizing the irreplaceable personal loss families endure.
Challenges in Wrongful Death Cases
Wrongful death claims are complex. Families must prove negligence directly caused death, preserve medical evidence quickly, and overcome potential disputes with insurers or hospitals. Expert testimony is often critical. Having experienced legal representation can make the difference between a dismissed case and a successful outcome.
Why Families Choose Ligori & Ligori
Ligori & Ligori has earned trust across Florida for handling wrongful death medical malpractice cases with compassion and determination. Our attorneys are AV Preeminent® Rated, recognized by Super Lawyers and Best Lawyers, and members of the Multi-Million Dollar Advocates Forum. We partner with medical experts, economists, and life-care planners to build cases that reflect both the medical negligence and the lifelong impact of the loss. Families rely on us for support, transparency, and advocacy from beginning to end.
Contact Our Tampa Wrongful Death Lawyers
If your loved one died due to suspected medical negligence, you do not have to face this alone. Contact Ligori & Ligori, Injury Lawyers for a free consultation at our Tampa office or at any of our other Florida locations in Orlando, Ocala, Lakeside, or Key West. We will review your case, explain your rights under Florida law, and fight for the compensation and accountability your family deserves.
Who can bring a wrongful death claim in FloridaSpouses, children, parents, and certain dependents are usually eligible. What is the statute of limitationsWrongful death claims must generally be filed within two years of the date of death. What compensation is availableFamilies may recover medical costs, funeral expenses, loss of support, loss of companionship, and emotional pain and suffering. Do wrongful death claims often settleMany settle out of court, though some proceed to trial if liability is disputed or damages are contested. What makes these cases challengingThey require strong evidence, medical expert testimony, and timely filing within Florida’s deadlines.
