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Exception to Wrongful Death
Wrongful death is when the death of a person is caused by the negligence or wrongful act of another. The right to bring a wrongful death action is created by Florida Statutes, which also defines who can bring the lawsuit and what they can sue for. Cases are generally brought by the “survivors,” which are generally defined as the decedent’s spouse, children under 25 years of age, or parents if the decedent is under 25. The survivors can generally sue for economic damages, like lost support and services, as well as for non-economic damages, like pain and suffering.
Sometimes it happens that a victim of negligence is not married and doesn’t have minor children. The law provides an exception in such a case to allow the decedent’s parents or adult children to bring a claim for pain and suffering. However, there is another provision that denies this right if the claim is for medical malpractice – an exception to the exception!
Thus, if a single man or woman with no children is killed by medical malpractice, no matter how blatant or obvious, there is generally no claim of pain and suffering allowed. This injustice is most commonly seen in cases involving medical errors that kill the elderly. They almost always have no minor children and are frequently without a spouse due to being a widow or widower. The doctor just gets away with it!