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Florida law prevents medical malpractice cases for some

More and more adults are living together without getting married in the sunshine state for a number of reasons and carry on with their lives without any problems. However, many Floridians may not realize that a law unique to the state may prevent them from recovering compensation after losing a loved one to medical malpractice if they are not married to the deceased.

A Florida man learned of this law the hard way, after he lost the woman he had been living with for 20 years to suspected medical negligence. According to reports, his partner went to the hospital complaining of a circulatory problem, but died within 48 hours of getting admitted. After the operation, the doctor told the man they had nicked the deceased’s spleen but then were able to fix it. More than 1,000 pages of medical notes back up that claim, but it also shows that nurses who were unaware of what was happening gave the patient more blood and potentially made the situation worse.

The situation reeked of medical negligence and the deceased individual’s adult children who were in the health care industry also felt that something went wrong. However, when discussing their legal options they found that if someone dies of medical malpractice, the only people who can sue for pain and suffering and mental distress are the surviving spouse and minor children. This law was signed into existence 30 years ago and very few people even know about it. However, this means that no one can hold the doctor or hospital responsible for the loss of a loved one.

Losing someone from a condition worsened rather than improved after approaching a hospital is a traumatic experience and then to find that one can hold the responsible parties accountable may be even more overwhelming. To understand the law, it might be beneficial to consult with an experienced attorney.