Unbelievably so, according to Florida law, adult children over 25 years of age cannot file lawsuits for the wrongful death of their parent caused by medical malpractice. Only spouses and adult children under 25 can seek damages caused by medical malpractice. Even Florida trial attorneys are outraged by this law and have sought to fight it for years but to no avail.
In 2000, the Florida Supreme Court upheld the lower court’s decision; however, Justice Barbara Pariente claimed that the age restriction was unjustified and likened the decision to limiting the rights of survivors with blue eyes over brown. Pariente asked the legislature to reconsider the decision, but her request was ignored.
Trial attorneys have found one possible way to get around the law, but it’s not easy. In order to pursue a medical malpractice claim on behalf of adult children older than 25, the attorneys must first prove the conduct of the healthcare professional was so outrageous that “it goes beyond all bounds of decency.” There is only one case on record where the outrageous conduct argument was used successfully. That case involved siblings suing after their mother died during routine eye surgery and was eventually settled out of court.
How can the value of someone’s life be measured by the age of her children? How can a court tell a 26-year-old man that his father’s death due to medical malpractice is not legally worth fighting for?
If you or a loved one has been injured due to the negligence of a healthcare professional, please click here to visit the website of experienced medical malpractice attorneys Colling, Gilbert, Wright & Carter.
