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Ely
Ely, Counselor at Law
Category: Legal
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Hello..my brother was in hospital for medical treatment but

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Hello..my brother was in hospital for medical treatment but he died and i think its due to medical error.
My question is can i start a legal argument toward the hospital?Is it too late?
We are not a US cietiezn and the he died November last year. Thank you
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss.

It does not matter if you are not a US Citizen. If the action occurred in Florida, then the court in Florida has jurisdiction.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may be a case for (1) medical malpractice and/or (2) wrongful death:

To prevail in a medical malpractice case a plaintiff must establish the following: the standard of care owed by the defendant, the defendant's breach of the standard of care, and that said breach proximately caused the damages claimed. Wale v. Barnes, 278 So.2d 601, 603 (Fla. 1973).


For wrongful death: in an action for wrongful death, where medical malpractice is alleged as the proximate cause of death, and plaintiff's evidence indicates that a failure to diagnose the injury prevented the patient from an opportunity to be operated on, which failure eliminated any chance of the patient's survival, the issue of proximate cause can be submitted to a jury only if there is sufficient evidence showing that with proper diagnosis, treatment and surgery the patient probably would have survived. Gooding v. University Hosp. Bldg., Inc., 445 So. 2d 1015 - Fla: Supreme Court 1984 citing Cooper v. Sisters of Charity of Cincinnati, Inc.,XXXXX 2d 242 - Ohio: Supreme Court 1971.

An attorney is necessary here. May I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

I hope this helps and clarifies. Good luck.

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