I am sorry for your loss. The medical malpractice statute is very specific as to who qualifies as a "survivor". Was your sister married, or did she have any children?
Feel free to read my website for information on this topic.
You should speak with an attorney ASAP.
Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
Free Consultations - 24/7
Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
Sounds like a real nightmare.
I suggest that you contact a lawyer immediately as there are strict limits within which as action must be commenced or forever waived.
I am so sorry for your loss and would be happy to help your family evaluate this claim. It is very unusual for someone so young to have respiratory distress. There must be a lot more facts that need to be evaluated. Since your sister was 27 - if she was not married and did not have a child who was dependent on her there may be no recoverable damages, but the conduct of the health care providers can still be reported.
You should contact a Florida medical malpractice attorney immediately, as there may be a viable negligence claim. It is important for you to keep in mind that any medical negligence claim against a healthcare provider in Florida must be formally initiated within 2 years of the death. Also, as it is a wrongful death matter, the claim must be brought by your sister's estate. As a wrongful death matter, the claim will be subject to the limitations of Florida Statute 768.16. Specifically, the types of damages recoverable by your sister's estate are set forth in the statute. If your sister was unmarried and without children, the damages recoverable by the estate may be limited to economic damages such as medical bills and lost earning capacity (aka net accumulations). Basically, there are many variables, and you should contact a Florida malpractice attorney immediately.
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