I am really sorry to hear about this tragic loss. To answer your question, it really depends. You will have a claim if the actions of the medical staff did not meet the standard of care -- that is, whatever they did, must be what a reasonable person with similar training would have done under the circumstances. I would recommend having the medical records reviewed by a medical malpractice attorney, and a medical expert. They will be able to advise whether the care your sister received fell below the standard of care.
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I'm sorry that you are going through this. You should consult with an attorney in Florida. The facts are very complicated and medical records and standards must be reviewed. I highly recommand you get in touch with www.farahandfarah.com (904) 396-5555. Ask for Eddie and tell him I sent you. good luck.
The answer about is spot on. Contact a medical malpractice attorney and have them review the case.
Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-client relationship exist.
Under Florida's statutory scheme, unless she is survived by children or a spouse, the only recover y is for economic losses to the estate.
Contact a Florida malpractice lawyer and discuss this matter in detail.
A tragedy. A deep loss. My deepest condolences.
Medical malpractice cases in Florida can be quite challenging, particularly when wrongful death is alleged. A comprehensive review of the hospital chart covering her stay is a start, as well as a review of her family physician chart (if she had a primary care doctor, considering her young age). Was an autopsy performed by the hospital or Lee County Medical Examiner?
The case can and should be reviewed as promptly as possible.
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I agree with all of the other attorneys who have posted an answer to your question. A potential medical malpractice case is complicated and the records need to be reviewed to determine if there was any negligence by the health care provider. Although what you have stated is likely correct, there are other facts that factor into this equation and the only way to resolve it is to look at the records.
I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.
Florida law requires a physician who has reviewed you sisters records first determine that the hospital and doctors failed to act within the standard medical care. This review is necessary before your sisters's survivors could start the claims process. Was she married? Did she have children? These are important questions to determine who can bring the action if there is one.
I'm sorry to hear about this. As the above lawyers have advised, call a local med mal lawyer for a free consultation to discuss all the facts and circumstances.
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