Presuit investigation. Before filing, Florida requires a reasonable investigation and a verified written opinion from a qualified medical expert that there are reasonable grounds to believe the provider was negligent (Fla. Stat. § 766.203). A notice of intent must be sent to each prospective defendant (Fla. Stat. § 766.106), which starts a 90-day period for the providers to investigate and respond.
Proving the case. We must show the provider fell below the prevailing professional standard of care and that the breach caused the death. That proof comes from qualified experts, usually in the same specialty as the provider.
Who can recover for grief.Under Fla. Stat. § 768.21(8), in medical negligence cases, adult children (25 and older) can't recover for lost parental companionship or their mental pain and suffering, and parents of an adult child can't recover for their mental pain and suffering. A surviving spouse, children under 25 and parents of a child under 25 can. Economic losses and the estate's claim still apply.
Shared fault.Florida's 2023 change to modified comparative negligence does not apply to medical negligence. Recovery is reduced by any fault assigned to the patient, but it isn't barred entirely.