Medical Malpractice Law Relating to Death of a Patient Inherently Unfair

Evan Rosen

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Since 1990, in order to recover for a loved one's death that was caused by Medical Malpractice, you need to either be a spouse or a child under the age of 25. Recently, a 35 year old woman contacted me about the death of her father in a Hospital. Negligence seemed clear at first blush but I never got the chance to investigate because she is the only remaining "next of kin" but because she is 35, under Florida Medical Malpractice Act, she is unable to bring a case! This sounds like pure age discrimination and Florida Supreme Court Justice, Barbara Pariente, agrees. Recently, an article was written about this inherently unfair Medical Malpractice Law.