Florida Woman Seeks to Change Law on Wrongful Death Lawsuits | Law Firm Newswire

Florida Woman Seeks to Change Law on Wrongful Death Lawsuits

Tampa, FL (Law Firm Newswire) March 30, 2016 - The mother of a man who died in a Tampa Bay area hospital is seeking changes in Florida law regarding wrongful death lawsuits by parents.

Linda Porter says her son Pete Thomas died 12 years ago in a New Port Richey hospital. She believes he was given too much medication, which contributed to his death. However, under Florida law, because Thomas was unmarried and had no children, a wrongful death lawsuit cannot be filed. Florida's Wrongful Death Act does not provide for medical negligence lawsuits by the parents of adult children. Porter has started a petition drive to change that.

“Florida's limitation on wrongful death lawsuits by parents of adult children when medical malpractice is involved represents a gap in our justice system,” said Robert Joyce, a Tampa wrongful death and medical malpractice attorney with Joyce & Reyes. “Parents of adult children who are wrongfully killed in other circumstances are entitled to sue, but this exception prevents grieving families from obtaining compensation and prevents wrongdoers from being punished.”

Porter said it was a double tragedy to lose her son and then find that there was no way to “admonish the hospital or make things change.” She started a petition on Change.org, and has gathered 15,000 signatures. She said she wants to make the hospital respond to deaths like her son's, so that a similar incident does not “happen again to anyone else's family.”

Jay Wolfson, a University of South Florida health law professor, said that there are an estimated minimum of 94,000 deaths per year in the United States caused by medical errors, and that the number could be as high as two or three hundred thousand.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

View Larger Map

  • What to Do After a Car Accident
    Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
  • Uber, Lyft are driving accident fatalities
    In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
  • Common signs of nursing home abuse
    Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
  • Accident involving pedestrian ends in fatality
    On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
  • Serious injuries caused by dump truck accident in Hillsborough County, Florida
    On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]

Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required