Spouse was stabbed in Florida. Passed away approximately 10 weeks later after three surgeries. After entail surgery developed pneumonia and had a Trac put in. Transferred to acute care facility developed infection in pic line, pneumonia again, bed soars. Transferred to hospital after CT scan showed leakage in his belly told he needed emergency surgery, wasn't operated on for over 24 hours. Trouble with low BP after surgery, resulting in kidney failure. Belly leaking again on day 2 after surgery, third surgery resulting in colostomy. Developed mersa, pneumonia again, chest tube put back in, started dialysis started.Transferred back to acute care facility, with a chest tube and partially open inc, which then required wound vac. Liver failure, told he was dying and removed life support.
I am very sorry for your loss. I suggest that you contact experienced Florida medical malpractice counsel for a consultation regarding what rights you have to seek damages from the responsible physicians and hospital. There may be multiple individuals and entities that are potentially responsible.
Florida medical malpractice cases are difficult. There are statutory hurdles that must be surmounted before a lawsuit can be brought. Fortunately, the Florida Supreme Court has thrown out the state's cap on damages that be obtained in such lawsuits as per the article linked below.
http://www.tampabay.com/news/politics/florida-supreme-court-tosses-out-medical-malpractice-cap-on-damages/2170030
Additionally, you will probably need to consult with an Estates attorney in the state that your spouse was a resident to discuss how his property needs to be disposed of in his home state.
Use 's find a lawyer tool to locate two or three appropriately credentialed Florida lawyers who concentrates their practice in medical malpractice lawsuits. The consultation with these lawyers will likely be free. Speaking with these lawyers will allow you to get a feel for who will be the right one to work for you.
Good luck and once again, my condolences for your loss.
As mentioned you really need to consult a Florida medical malpractice attorney and you should do that ASAP. Use the search function to help you find the right attorney.
Sounds like you have a very tough case. You need to contact a Florida attorney to review the medical records. You have a limited amount of time to file suit so contact a lawyer immediately.
As has been pointed out, your claim will need to be pursued in Florida. It is possible that an Illinois firm could help you coordinate with a reputable medical malpractice attorney in Florida and help you with the estate aspects.
Sounds like many things went wrong. Sometimes that complicates the picture, though; and an attorney can help sort through the complexities and work with experts to find the root issues. The attorney will want to get on it immediately, and you should take immediate action to engage one or a firm to help. The attorney can also look into the facts of the originating actions, the stabbing, to see if there is any recourse for you there.
Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed ·
There are multiple issues presented in this fact pattern. A Florida medical malpractice attorney should be consulted because the care giving rise to the potential claim occurred in Florida. An experienced medical malpractice lawyer should be able to obtain the records and review it in order to identify any deviations from the standard of care. The attorney may also consult with a medical expert, as they would in Illinois, to identify any oversights.
This sounds like there is an intentional tort / battery / criminal component to the case as well. This raises several issues that should be explored. First, is there a pending criminal action connected to the stabbing. If so, Florida may have a fund to assist crime victims similar to what Illinois has. This fund, may provide limited compensation. Second, the stabbing or battery may give rise to a case against the individual who committed the crime. It may prove difficult to collect on because normal insurance policies do not cover intentional torts.
Finally, you may want to consult with a probate or estate attorney to discuss matters. If the spouse left children behind under the age of 18 they may be entitled to social security benefits.
