When a loved one walks into an emergency room with warning signs of a life-threatening condition, families trust that trained doctors and nurses will find the problem and treat it. When that trust is broken, the consequences can be devastating and permanent. A recent Florida jury verdict of just over $2.1 million in a wrongful death case involving an allegedly missed pulmonary embolism is a painful reminder that even in modern hospitals, catastrophic diagnostic errors still happen — and Florida law gives families the right to demand accountability.
As a personal injury and medical malpractice firm serving Ocala and communities across Florida, Dean Law Firm LLC often sees families struggling to understand what went wrong after an unexpected death in a hospital setting. This article explains, in plain terms, how a case like this may be evaluated under Florida law and what your family may be entitled to if a similar tragedy has affected you.
What Happened
According to reports, a woman went to a Florida emergency room complaining of symptoms that were later determined to be caused by an acute pulmonary embolism — a blood clot that travels to the lungs and can quickly become fatal if not diagnosed and treated. The ER staff allegedly failed to identify the embolism despite the presenting signs. She was later taken to surgery to have her gallbladder removed and died during that procedure.
Her husband pursued a medical malpractice and wrongful death claim. The first trial reportedly ended in a hung jury earlier in the year. A second trial in July produced a verdict of $2,102,108.72 in favor of the surviving spouse. The defendants had denied responsibility throughout the litigation. This article does not name the parties beyond what has already been publicly reported and takes no position on facts that were disputed at trial.
Who May Be Liable
In a missed-diagnosis case involving an emergency room death, several categories of defendants may be liable depending on the facts uncovered in discovery:
- Emergency room physicians who evaluated the patient and allegedly failed to order or properly interpret diagnostic testing for pulmonary embolism (such as D-dimer labs, CT pulmonary angiography, or ventilation-perfusion scans).
- Nurses and triage staff who may have failed to escalate red-flag vital signs or symptoms.
- The hospital or health system, which may be directly liable for inadequate staffing, protocols, or supervision, and vicariously liable for the acts of its employees.
- Surgeons and anesthesiologists involved in a subsequent procedure, if they arguably should have identified the underlying condition before operating.
- Physician groups or staffing companies that contract with the hospital to provide emergency or anesthesia services.
- Radiologists who read imaging studies, if a clot was visible on a scan and allegedly not reported.
Each potential defendant must be evaluated separately. In Florida, an experienced attorney will look carefully at who employed whom and how contracts were structured, because that affects which insurance policies respond and how the case is filed.
Legal Theories That May Apply
- Medical negligence. The core theory: a healthcare provider owed the patient a duty of care, breached the accepted standard of care, and that breach caused harm.
- Wrongful death. Under the Florida Wrongful Death Act (Chapter 768, Florida Statutes), surviving spouses, children, and certain other family members may bring claims when negligence causes a loved one’s death.
- Vicarious liability / respondeat superior. A hospital or medical group may be liable for the negligence of its employees or, in some cases, its apparent agents.
- Corporate or institutional negligence. A hospital may be directly at fault for negligent credentialing, understaffing, or failing to enforce diagnostic protocols.
- Loss of consortium. A surviving spouse may have a claim for the loss of companionship, comfort, and support.
- Negligent failure to diagnose. A specific subset of medical negligence where the alleged breach is the failure to recognize a condition that a reasonably careful provider would have caught.
Damages Victims May Recover
Florida law allows families to pursue a range of damages in a wrongful death case arising from alleged medical malpractice, including:
- Medical expenses incurred before death, including ER, imaging, and surgical charges.
- Funeral and burial expenses.
- Lost support and services the deceased would have provided to the family.
- Loss of the decedent’s future earnings and net accumulations to the estate, in appropriate cases.
- Mental pain and suffering of the surviving spouse and, under the Florida Wrongful Death Act, of minor children (and all children, if there is no surviving spouse).
- Loss of companionship, protection, and guidance for the surviving spouse and children.
- Punitive damages, in rare cases where the conduct is proven to rise to the level of intentional misconduct or gross negligence.
Florida no longer enforces the previous statutory cap on non-economic damages in medical malpractice cases — the Florida Supreme Court struck those caps down. That means juries have broad discretion to compensate families for the human cost of a preventable death.
Evidence That Strengthens a Case
Missed pulmonary embolism cases turn on documentation and expert testimony. Evidence that often makes or breaks these claims includes:
- Complete emergency department records, including triage notes, vital signs, physician charting, nursing notes, and discharge instructions.
- Imaging studies and radiology reports (CT scans, chest X-rays, ultrasounds).
- Lab results, particularly D-dimer values and blood gas readings.
- The full surgical and anesthesia record from any subsequent operation.
- Autopsy findings and the medical examiner’s report.
- Hospital protocols and policies for evaluating chest pain, shortness of breath, and suspected clots.
- Staffing schedules and credentialing files for the treating providers.
- Testimony from qualified medical experts (emergency medicine, pulmonology, radiology, anesthesiology) on the standard of care and causation.
- Statements from family members or witnesses who observed the patient’s condition and what was communicated by staff.
What to Do Next
If you believe a loved one died because of a missed diagnosis in a Florida hospital, protecting your rights starts with careful, early action:
- Request complete medical records from every provider and facility involved. Hospitals must provide them upon proper request.
- Preserve everything — discharge paperwork, prescription bottles, appointment reminders, text messages, and your own timeline of events.
- Do not give recorded statements to any hospital risk manager or insurance representative without speaking to an attorney first.
- Be mindful of deadlines. Florida generally imposes a two-year statute of limitations for medical malpractice claims, with certain exceptions and an outside statute of repose. Wrongful death claims also have strict deadlines. Waiting too long can permanently bar a claim.
- Ask for a qualified case review. Medical malpractice cases in Florida require a pre-suit investigation and a corroborating opinion from a medical expert before a lawsuit can be filed.
If you or a family member has suffered a catastrophic injury or lost a loved one due to a suspected diagnostic error in a Florida emergency room, Dean Law Firm LLC is here to listen. Call (352) 820-6323 for a free Florida case evaluation — no fees unless we win. You can also learn more at https://deanfirm.com.
Frequently Asked Questions
Can I sue a Florida hospital if the ER missed my loved one’s pulmonary embolism?
You may be able to bring a medical malpractice and wrongful death claim if the ER allegedly failed to meet the accepted standard of care and that failure caused the death. Each case depends on the medical records and expert review. An attorney can help evaluate whether the facts support a claim.
How long do I have to file a medical malpractice lawsuit in Florida?
Florida generally imposes a two-year statute of limitations for medical malpractice, running from when the injury was or should have been discovered, with an overall statute of repose that may bar older claims. Wrongful death claims have their own two-year window. Because exceptions exist, you should speak with a lawyer as soon as possible.
What is a pulmonary embolism and why are missed diagnoses so serious?
A pulmonary embolism is a blood clot that travels to the lungs and blocks blood flow, which can quickly become fatal. When emergency providers allegedly overlook classic warning signs, patients can lose the narrow window in which treatment is life-saving. That is why failure-to-diagnose PE claims are treated as some of the most serious in medical malpractice law.
Who can file a wrongful death claim in Florida?
Under the Florida Wrongful Death Act, the personal representative of the estate files the lawsuit on behalf of surviving family members. Eligible survivors typically include the spouse, children, and, in some cases, parents or other dependents. An attorney can help identify the proper representative and beneficiaries.
Is there a cap on damages in Florida medical malpractice cases?
The Florida Supreme Court struck down the statutory caps on non-economic damages in medical malpractice cases. That means juries generally have discretion to award full compensation for pain, suffering, and loss. Economic damages such as medical bills and lost support are not capped.
What if the hospital says my loved one’s death was unavoidable?
Defendants often deny responsibility, even in cases that later result in significant verdicts, as the recent Florida case involving an allegedly missed pulmonary embolism illustrates. A denial is not the end of the road. An independent review by qualified medical experts frequently reveals whether the outcome was truly unavoidable or whether the standard of care was allegedly breached.
How much does it cost to hire a medical malpractice lawyer?
Most Florida medical malpractice attorneys, including Dean Law Firm LLC, handle these cases on a contingency fee basis, meaning you pay no attorney’s fees unless a recovery is obtained. Initial consultations are typically free. This structure allows families to pursue accountability without paying out of pocket.
What should I do if I already spoke to the hospital’s risk manager?
Do not panic, but do stop giving further statements until you have counsel. Write down everything you remember about the conversation, including who was present and what was said. An attorney can advise you on how to handle further contact and how those earlier statements may affect your case.
Original reporting: westorlandonews.com.
