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Wrongful Death Every Move Matters

Orlando Wrongful Death Attorney

What You Need to Prove to Win a Wrongful Death Claim

The tragic and unexpected death of a loved one, due to someone’s negligence, often leads to feelings of guilt, loneliness, despair and uncertainty. These overwhelming emotions may be further complicated by a corresponding loss of financial support, household services, and guidance. Florida law recognizes the extraordinary impact of such a loss and provides a legal remedy for the family members of the deceased.

At Law Offices of Michael Barszcz, M.D., J.D., we seek to create, develop and maintain close professional relationships with each client. The Orlando wrongful death lawyers and support staff are responsive to our clients’ emotions, questions and concerns. 

We focus on honestly and aggressively protecting the interests of injured people and their families. We will diligently seek justice on your behalf and attempt to recover all reasonable compensation permitted by law.

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Grounds for a Wrongful Death Claim

Winning a wrongful death claim requires proving that a person's death was caused by another party, either through negligence in an accident or through intentional harm. 

To build a successful claim, your Orlando wrongful death attorney must be able to prove three elements: 

  • The existence of a duty of care due to the deceased
  • Breach of this duty by the other party
  • Causation (because of the other party's negligence or intentional act, it leads to the death)

Additionally, you will have to provide evidence supporting your claim, such as medical records or eyewitness testimony. A lawyer experienced in wrongful death claims can help guide you through this process and navigate the complexities of proving your case so that you can recover compensation for your loved one's passing.

Florida’s Wrongful Death Statute of Limitations

When someone passes away due to the negligence or wrongdoing of another person in the state of Florida, their family has just two years to recover monetary damages by filing a wrongful death suit. This aptly-named “statute of limitations” allows a grieving family some time to collect evidence, discuss their options with an attorney, and bring their case forward—but isn't necessarily much else than that. 

All too often, families are unaware of this important detail and find themselves unable to take action when it is already too late. If you have recently experienced the loss of a loved one whom you believe died at the hands of another’s misconduct or negligence, it is important to act swiftly and seek legal representation from an experienced practitioner in Florida wrongful death law within this two-year window.

With Michael Barszcz, M.D., J.D., you can feel confident going through the process. Our wrongful death attorney in Orlando looks to help you understand your rights while pursuing justice on your behalf. Trust that we’ve got your back.  

Who Can File a Wrongful Death Claim?

In Florida, eligibility to file a wrongful death lawsuit for a loved one's is governed by the Florida Wrongful Death Act. If after the following list, you have any questions about whether or not you would be eligible to file a claim on a loved one's behalf in your specific case, one of our wrongful death lawyers in Orlando can help you determine this in a free, confidential consultation.

The following individuals are generally eligible to file such a lawsuit:

  • Surviving Spouse: The deceased person's surviving spouse has the primary right to file a wrongful death lawsuit.
  • Children: The deceased person's surviving children are eligible to file a wrongful death claim. In Florida, if the deceased person is a parent, children under 25 years of age can recover for both economic and non-economic damages. Adult children 25 years or older, can also recover damages, but there may be some limitations in certain medical malpractice cases.
  • Parents: If the deceased person was under 25 years of age, the parents have the right to file a wrongful death lawsuit. If the deceased person was an adult with no surviving spouse or children, the parents may also have the right to file a claim.
  • Other Blood Relatives & Adoptive Siblings: Any blood relative or adoptive sibling who is partially or wholly dependent on the deceased for support or services can file a wrongful death claim.
  • Personal Representative: The personal representative of the deceased person's estate is responsible for filing the wrongful death lawsuit on behalf of the estate and the survivors. The personal representative is typically appointed in the deceased person's will or by the court if there is no will.

What Happens If Someone Dies from Medical Malpractice? 

When wrongful death occurs due to medical malpractice, it means that a healthcare provider, such as a doctor, hospital, or nurse, failed to meet the accepted standard of care, and this failure directly resulted in the patient’s death. Florida law allows the deceased person’s family or estate to pursue compensation for their loss under specific conditions.

To establish a wrongful death case due to medical malpractice in Florida, the plaintiff must prove:

  • Doctor-Patient Relationship: The healthcare provider had a duty of care to the deceased because there was an established doctor-patient relationship.
  • Breach of Standard of Care: The healthcare provider failed to adhere to the accepted standard of care for their profession, meaning their actions or lack of actions were not in line with what a reasonably competent professional would have done in similar circumstances.
  • Causation: The breach of the standard of care directly caused or significantly contributed to the patient’s death.
  • Damages: The survivors suffered emotional or financial harm due to the death.

Our wrongful death attorney in Orlando has often seen wrongful death claims from medical malpractice due to:

  • Misdiagnosis or Delayed Diagnosis: A doctor may fail to diagnose a serious condition like cancer or a heart attack, missing key symptoms or ordering the wrong tests. As a result, the condition goes untreated or is treated too late. This delay can lead to the patient’s death when timely intervention could have saved them.
  • Surgical Errors: During surgery, a healthcare professional may operate on the wrong body part or leave instruments inside the patient. Errors in anesthesia or poor post-surgical care can also lead to severe complications. These mistakes may cause fatal infections, internal bleeding, or organ damage.
  • Medication Errors: A doctor or pharmacist might prescribe the wrong medication or dosage, or fail to account for a patient’s allergies. A nurse could also administer the wrong drug or mix up similar-sounding medications. These errors can cause serious reactions, overdoses, or leave a condition untreated, leading to death.
  • Anesthesia Errors: An anesthesiologist may give too much anesthesia or fail to monitor the patient’s vital signs properly during surgery. Errors like administering the wrong dosage can cause brain damage, heart failure, or respiratory arrest. These complications can be fatal if not addressed promptly.
  • Failure to Treat or Monitor: A doctor may discharge a patient too early or fail to monitor their recovery after surgery. If warning signs of infection, internal bleeding, or complications are missed, the patient’s condition can deteriorate. Without timely intervention, this negligence may lead to death.
  • Childbirth Injuries: During labor, a doctor might not recognize fetal distress or delay a necessary C-section. Misuse of delivery tools like forceps can also cause trauma to the baby or mother. These errors can result in the death of the mother or child due to preventable complications.
  • Infections & Sepsis: A healthcare provider may not take proper precautions to prevent infections after surgery, or fail to recognize early signs of sepsis. Without timely treatment, an infection can spread throughout the body. Sepsis can quickly escalate to organ failure and death if not managed appropriately.
  • Defective Medical Equipment: Faulty or poorly maintained medical equipment, such as a malfunctioning ventilator or defibrillator, can cause fatal errors during treatment. If the equipment fails to work properly during a critical moment, the patient may not receive the care they need. This can lead to preventable death due to equipment malfunction.

If someone dies as a result of medical malpractice, the surviving family members or dependents may have the right to pursue legal action through a wrongful death lawsuit. 

Filing a Wrongful Death Claim After Medical Malpractice

The first step is for the surviving family members to consult with an experienced Orlando wrongful death attorney. The attorney can provide guidance on the legal process, assess the viability of the case, and help gather necessary evidence.

The attorney will conduct a thorough investigation to gather evidence supporting the claim of medical malpractice. This may involve reviewing medical records, consulting with medical experts, interviewing witnesses, and collecting other relevant documentation.

The attorney can then file the wrongful death lawsuit on behalf of the surviving family members or the estate of the deceased. The lawsuit will name the healthcare provider(s) and any other responsible parties as defendants.

Contact a Wrongful Death Attorney in Orlando Who Is Also a Medical Doctor

Navigating a wrongful death claim involving medical malpractice can be emotionally challenging and legally complex. At Law Offices of Michael Barszcz, M.D., J.D., we are uniquely qualified to provide the legal support and representation you deserve. Our experienced founding attorney combines both trial experience and medical knowledge to help surviving family members seek justice and compensation for their loss. If you have questions about your case, don’t hesitate to reach out to our firm today.


Call us at (407) 305-6088 today and learn how we can help you!


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