10/10/2026
LAWGIC IN 60: Medical Malpractice Wrongful Death.
Your mother dies because of clear medical malpractice.
She is widowed. You and your siblings are all over 25.
And in Florida, you may not be able to recover a dollar for the pain and suffering of losing her.
It sounds impossible, but it is the law.
Florida treats medical malpractice wrongful death cases differently from many other wrongful death cases.
If a parent dies from medical malpractice, adult children generally cannot recover for their pain and suffering from losing that parent.
And the rule works the other way too.
If an unmarried child dies from medical malpractice at 24, the parents can recover for their mental pain and suffering.
At 25, they cannot.
Same negligence. Same death. One birthday can completely change the case.
In 2025, the Florida Legislature passed a bill that would have eliminated this exception.
Governor Ron DeSantis vetoed it.
So the law remains in place today.
The malpractice can be egregious. The death can be preventable. But in Florida, who survives the person who died, and how old they are, can determine whether the family has a meaningful wrongful death claim at all.
Another episode of LAWGIC IN 60: Florida personal injury law explained in plain English.
Injured? Don’t Worry,