Broward County Wrongful Death & Personal Injury Attorneys
Case Update for Wrongful Death & Personal Injury Attorneys:
Under Florida law, at least under Florida law as predicted by the Eleventh Circuit Court of Appeals based precedent out of the Third District Court of Appeal, loss of consortium claim is derivative and abates upon injured spouse's or child's death. Bravo v. U.S., 532 F.3d 1154 (11th Cir. 2008).
Survival action alleging that hospital's negligence caused patient's death, and seeking damages for patient's physical and mental pain and suffering and loss of enjoyment of life, was barred by Wrongful Death Act provision stating that, when personal injury to decedent results in death, no action for personal injury survives. West's F.S.A. §§ 46.021, 768.20. Salfi v. Columbia/JFK Medical Center Ltd. Partnership, 942 So. 2d 417 (Fla. Dist. Ct. App. 4th Dist. 2006).
In a case where a suit was filed before a nursing home resident's death, all deprivation of nursing home and related health care facility rights, including those resulting in the death of a resident but not exclusive of those, should survive the death of the nursing home resident. West's F.S.A. § 400.001 (Repealed). Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596 (Fla. Dist. Ct. App. 5th Dist. 2004), reh'g denied, (June 10, 2004).
Guardian's action against nursing home alleging negligent treatment and care of her mother that had been brought before mother's death, survived her mother's death, although claims of deprivation of mother's rights did not cause or contribute to mother's death. West's F.S.A. § 400.023. Estate of Youngblood v. Halifax Convalescent Center, Ltd., 874 So. 2d 596 (Fla. Dist. Ct. App. 5th Dist. 2004), reh'g denied, (June 10, 2004).
