Legal Question in Medical Malpractice in Florida

My mother in law passed away in 2008, 12 hours after cosmetic surgery. The autopsy reveled the primary cause of death was high toxicity levels of medication. We were told by two different attorneys, that due to the fact there was no living spouse, no dependent children, and that they couldn't tell if the high levels of medication were because of the doctor or accidental overdose, there was nothing the surviving children (all over 25) could do. In recent weeks the department of health has decided to pursue the doctor that preformed surgery. In perpetration for the adminstrative hearing, the DOH found out the the surgery center was NOT a "licensed surgery center.". Because of the new info. the DOH is bringing more charges against the doctor. The doctors hearing will now be pushed back. I understand the statute of limitations is 2 years on malpractice. My question is, do children have any grounds to go after the surgery center given this new information? This is a very large and well known facility.


Asked on 4/03/13, 6:44 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

No. The surviving adult children dont have a malpractice claim even if it exists. The SOL has likely run despite the new effort by DOH. Sorry for your loss and the way it occurred.

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Answered on 4/04/13, 2:05 am


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