Tampa, FL (Law Firm Newswire) October 30, 2019 – A Florida family is fighting to change a medical malpractice state law that is preventing them from suing a hospital for negligence in the death of a 32-year-old Iraq combat veteran.
The Marine was hospitalized in North Florida after suffering a broken leg in a motorcycle accident in January. The man did not notify his family about the injury immediately as it was not thought to be life threatening. He died at the hospital while awaiting surgery that kept getting delayed.
The man’s mother claimed the hospital’s negligence was to blame for her son’s death. However, a 30-year-old Florida law is preventing the family from filing a medical malpractice lawsuit against the hospital. Florida State Statute 768.21 does not allow the loved ones of individuals above the age of 25 without a spouse and children to sue for medical malpractice on behalf of that individual.
“The current law unfairly excludes so many people in Florida from seeking just compensation for the negligence of medical professionals,” commented Robert Joyce, a Tampa personal injury attorney with Joyce and Reyes Law Firm P.A., who is not involved in the case. “Medical malpractice lawsuits are necessary for holding doctors and hospitals accountable. Not only do they provide families with financial support after the death of a loved one, but they also serve as closure for those who have suffered avoidable losses.”
The family expressed concern about the level of care the Marine received and the accuracy of his medical records. His broken leg required prompt surgery, but the procedure kept getting delayed. In addition, the family alleged he was not put on a monitor.
Although the man was unmarried and did not have biological children, he had a fiancée and cared for her daughter. However, neither the fiancée nor any of his dependents have a claim to compensation for their losses under the current law.
Lobbyists believe the law protects hospitals and medical professionals from being subjected to so-called “frivolous” lawsuits, along with keeping health care costs down. The family’s attorney has drafted a new medical malpractice bill and is seeking the support of lawmakers before the current legislative session ends. “If it won’t help us, hopefully, it will help somebody else. I don’t think anyone should not be able to have their day in court,” said the man’s mother.
Learn more at https://www.joyceandreyespa.com/
Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
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