Call Now

Fort Lauderdale Medical Malpractice Wrongful Death Lawyer

Fort Lauderdale Medical Malpractice Wrongful Death Lawyer

When Medical Negligence Takes a Loved One

Losing a family member is devastating. Learning that the death may have been caused by a preventable medical mistake, such as a missed diagnosis, a surgical error, or a hospital that failed to act, adds questions that families deserve answers to.

The Injury Advocates represents families across Broward, Miami-Dade, and Palm Beach counties in wrongful death cases caused by medical negligence. We handle these cases as part of our medical malpractice and wrongful death practice, and we review every case with qualified medical experts.

Florida’s “Free Kill” Rule

Florida’s Wrongful Death Act allows the personal representative of the estate to bring one claim on behalf of the surviving family members. But in medical negligence cases, section 768.21(8), Florida Statutes, limits who can recover for their grief and loss of companionship. Adult children age 25 and older cannot recover these damages for the death of a parent, and parents cannot recover them for the death of an adult child age 25 or older. This rule is often called the “free kill” law.

The Legislature passed a repeal in 2025, but it was vetoed, and a 2026 repeal effort did not pass. The rule remains in effect. Even so, spouses and children under 25 can recover for their loss, and the estate can recover medical and funeral expenses and lost earnings. Understanding exactly who can recover, and for what, shapes how a case is built from the start.

What Families May Be Able to Recover

  • Lost financial support and services
  • Loss of companionship and protection (for a spouse and children under 25)
  • Mental pain and suffering (for eligible survivors)
  • Medical and funeral expenses
  • The estate’s lost earnings

Deadlines and Next Steps

Florida’s deadline for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, and in most cases no more than four years from the date of the mistake. Before any lawsuit can be filed, Florida requires an expert review and a 90-day presuit investigation period, so it is important to start early.

Learn more about how these cases work on our medical malpractice page, or call us for a free review of your situation.

We Take On Hospitals and Their Insurers

Hospitals and their insurers defend malpractice claims aggressively. We work with qualified medical experts to find out what went wrong, document the full impact on your life, and build a case designed to hold the right parties accountable. If you cannot come to us, we can meet by phone, by video, or at your home or hospital.

Why Patients and Families Choose The Injury Advocates

  • Careful case review. We review your records with qualified experts and tell you honestly whether you have a case.
  • Focus on serious harm. We concentrate on cases involving permanent injury or the loss of a loved one.
  • Direct attorney involvement. Kweku Darfoor is involved in your case from start to finish.
  • No fees or costs unless we win. We advance the costs of experts and investigation, and you owe nothing if we do not win.

What Our Clients Say

EXCELLENT
Google star 1Google star 2Google star 3Google star 4Google star 5
Based on 70 reviews
Posted on Google Google
Chez Mayah profile picture
Chez Mayah
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great service. They keep you informed through the entire process. Really felt that Attorney was advocating for his client. Would definitely recommend based experience dealing with the firm.
Posted on Google Google
s knight profile picture
s knight
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a great experience with Darfoor Law Firm! Darfoor & Staff was professional, caring, and truly had my best interest at heart. They kept me informed throughout the process and made sure I understood everything. I felt supported every step of the way. I’m very grateful for the outcome and highly recommend them to anyone in need of legal help!
Posted on Google Google
Chris profile picture
Chris
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Great lawfirm made things very easy and their really easy to communicate with
Posted on Google Google
Hans Bernard profile picture
Hans Bernard
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Not only that he is top in legal advice, he is extremely friendly to talk to, very responsive, and the fee that was charged for the case was very reasonable.

Frequently Asked Questions

Who can file a wrongful death claim for medical malpractice in Florida?

The claim is brought by the personal representative of the deceased person’s estate on behalf of the surviving family members. The personal representative is often named in the will or appointed by the court.

What is Florida’s “free kill” law?

It is a common name for section 768.21(8), Florida Statutes. In medical negligence death cases, it bars adult children 25 and older from recovering for the loss of a parent, and bars parents from recovering for the loss of an adult child 25 or older, for grief and loss of companionship. A 2025 repeal was vetoed, and a 2026 repeal effort did not pass, so the rule remains in effect.

How much does it cost to hire The Injury Advocates?

Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.

Legally reviewed by Kweku Darfoor, Esq.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.

Follow us @theinjuryadvocates_