Are you the personal representative of an estate that is pursuing a medical malpractice actiondue to the wrongful death of a loved one? You are going to want to read this recent case out of the First District Court of Appeal for Florida because there are certain pre-suit requirementsbefore you sue! If you fail to take these actions the civil court in West Palm Beach is going to make you go take care of all these issues. In fact they may not toll the statute of limitations watch out! Don’t make the same mistakes.
Wrongful Death and Medical Malpractice in West Palm Beach
- You are going to want to file any lawsuits that an estate or the estate’s decedent can bring as the personal representative.
- Did you know that an estate could sue for negligence, wrongful death and medical malpractice?
- Most claims in West Palm Beach may or may not survive the decedent. So get an experienced wrongful death lawyer Florida
- That being said tort reform has made it so that there are a lot of statutory guidelines to pursuing these estate lawsuits and wrongful death Florida actions.
- Experienced West Palm Beach probate litigators know that it can be difficult to navigate all these statutes and often times pro-se litigants going it alone can make some errors.
- The West Palm Beach judge may not dismiss your claim but they will stay the case until you perfect those requirements.
- Keep in mind most of the time the statute of limitations continues running so watch out for time limits.
- Do you know where to find all of the statutory pre-suit requirments?
- Make sure you do your homework or you could end up like the litigants in this recent case.
Shands Teaching Hospital v. Estate of Lawson
- This was a case out of the First District Court of Appeals in Tallahassee.
- The personal representative of the Florida estate sued in a claim of regular (i.e. not medical) negligence
- There were questions in the appeals court opinion about the pre-suit requirements.
- The defendant hospital noted that this was merely dressing up a malpractice action as a regular negligence action and that it did not waive the pre-suit requirements of such an action.
- Well, the Court agreed.
- Do not make the same mistake, experienced Palm Beach probate litigators know these rules and how to satisfy the requirements so you can get the judgment you want.
Want to learn more about wrongful death actions in West Palm Beach?
Check out this entire case by clicking here.