What is the difference between a medical malpractice claim and a wrongful death claim?
Medical malpractice and wrongful death claims are related in that they both involve a physical injury or death caused by medical negligence. However, they are different from one another in some important ways. Medical malpractice claims involve people seeking compensation due to an injury or illness caused by negligence on the part of a doctor or other medical professional. These claims are designed to compensate an individual for the physical, mental, and emotional pain and suffering caused by the medical negligence, as well as any financial losses or medical bills that were incurred due to the negligence. Conversely, wrongful death claims are brought by family members of a deceased person who has died due to medical negligence. These claims are meant to compensate the family members for the wrongful death of their loved one. They typically include compensation for the loss of financial and emotional support, as well as any medical bills and funeral costs that were accumulated due to the death. In Florida, both medical malpractice and wrongful death claims must meet certain criteria in order to be successful. The state has a statute of limitations in place, which dictates the amount of time in which a claim must be filed after the incident occurs. Additionally, claimants must be able to demonstrate a duty of care was breached by the medical professional resulting in injury or death. Overall, medical malpractice and wrongful death claims have some similarities, but they are distinct legal claims that involve different criteria and types of compensation. It is important to understand the differences between these two types of claims when pursuing legal action in Florida.
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