What are my rights if both my parents died due to 2 cases of medical malpractice?

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What are my rights if both my parents died due to 2 cases of medical malpractice?

No legal action was ever taken for this. It was happened about 10 years ago. I am now 18 and the parents that I am referring to were not my biological parents; they were my adoptive parents. Can I bring a lawsuit against the doctors/hospital for this?

Asked on December 15, 2013 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

From  what you write, it appears that you cannot bring the claim.

1) The statute of limitations for medical malpractice is at most 4 years in Florida,  but you say 10 years have gone by.

2) Even though you were not 18 at the time, your parent's estate (e.g. through the administrator or the executor) could have brought the lawsuit; or your legal guardian could have, on your half. The fact that you were less than 18 at the time does not appear to excuse the delay.


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