First, please understand that this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to represent you. Also, medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You are going to need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if there is any recourse. The attorney can also advise regarding who has the ability to bring a wrongful death lawsuit. Use the Find a Lawyer tab on Avvo to find attorneys in your area to consult with. Best of luck to you...
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As you have recognized, the damages for a 70 year-old, unmarried person with children over 25 years of age who dies from medical malpractice, are restricted to loss of net accumulations, medical and funeral bills. Typically, these are not enough to justify suit.
This is intentional on the part of our legislature.
I don't see how calling it something else will make any difference.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
There is another, little-known, statute which provides an alternative avenue to sue a healthcare provider. I believe the statute number is chapter 497 of the Florida statutes and prohibits abuse of the elderly and disabled by a caretaker.
When I have time, I will try to get the exact citation to you.
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