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Who is the person to bring a claim for medical malpractice that has caused the death of the patient?

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Who is the person to bring a claim for medical malpractice that has caused the death of the patient?

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In the State of Florida the Personal Representative of the Estate of the deceased patient is the designated person to bring a claim for a wrongful death caused by medical malpractice. This requires the opening of an Estate in order to obtain the appointment of a Personal Representative who is frequently a parent or spouse of the deceased patient. The Personal Representative has the responsibility of identifying all of the potential beneficiaries of any recovery in a lawsuit filed for a wrongful death. In other words, the Personal Representative must act on behalf of all persons or entities having a right to damages as a result of the death.

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