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A medical complication can occur even with proper care. Malpractice happens when a provider fails to meet the accepted standard of care and causes harm.

No. SDM Law offers a free consultation to evaluate your case and explain your legal options.

Bring any available medical records, discharge papers, test results, provider communications, photographs, and notes. If you don’t have them, we can help you obtain them.

Filing deadlines vary by state and case details. Because these time limits are strict, you should contact SDM Law as soon as possible.

Negligence is a failure to provide necessary care (such as inadequate supervision resulting in a fall, unnecessary wound care and infection, or missed medication). Abuse involves intentional harm, such as physical or emotional mistreatment.

Not always. Nursing home negligence involves failures in assessments, daily care or supervision, while medical malpractice involves professional medical errors such as misdiagnosis, delayed diagnosis or medication mistakes. However, the claims can overlap.

Warning signs may include bedsores, malnutrition, dehydration, poor hygiene, unexplained injuries, and sudden emotional or behavioral changes.

Victims and families may recover damages for medical expenses, pain and suffering, and other losses depending on the facts of the case and applicable state law.

Yes. In both New York and Florida, SDM Law can assist families to pursue claims when a nursing home’s failure to meet required care standards causes injury. Nursing facilities are statutorily required to protect the resident rights including by providing adequate and appropriate medical care, ensuring the residents are treated with dignity and respect and are free from abuse, neglect and mistreatment, and by maintaining the residents’ privacy and autonomy in care decisions.

Under New York law, damages are limited to economic (pecuniary) losses, including:

• Loss of financial support
• Loss of household services or caregiving
• Loss of parental guidance for children
• Funeral and burial expenses

New York does not allow recovery for grief or emotional suffering in wrongful death claims.

No. Wrongful death proceeds are paid directly to family members and generally are not subject to estate debts or creditors.

A survival action is a separate claim that compensates for what the decedent experienced before death, including pain and suffering.

This claim belongs to the Estate, not the family directly. The Estate may recover damages for:

• Conscious pain and suffering
• Fear of impending death
• Emotional distress before death
• Medical expenses incurred before death
• Lost earnings between injury and death

Even a brief period of awareness prior to the decedent’s expiration may support a claim for pain and suffering.

Yes. Survival action damages are considered Estate assets, which means they may be subject to:

• Creditors and liens
• Medicaid or Medicare reimbursement claims
• Distribution under a will or intestacy law

The claim must be filed by the personal representative of the estate, but the compensation is for the benefit of the decedent’s distributees (family members)—not the Estate itself.

If you believe a loved one’s death was caused by negligence, it is critical to act quickly. These cases require immediate investigation. It is critical the medical and factual evidence are preserved.

At SDM Law, we handle complex wrongful death and medical malpractice cases with a trial-ready approach—maximizing every available claim to secure full financial justice for families.

A wrongful death occurs when a patient or nursing home resident dies due to negligent medical care, neglect, abuse, or failure to follow accepted standards of care.

In these cases, liability may arise from:

• Misdiagnosis or delayed diagnosis;
• Surgical or treatment errors;
• Medication mistakes;
• Nursing home neglect (falls, pressure ulcers, dehydration, infections);
• Failure to monitor or respond to a medical emergency.

Florida law allows families to pursue compensation when the death was caused by substandard care that should have been prevented.

Significantly, Florida allows recovery for both economic and non-economic losses.

Surviving family members may recover:

• Loss of financial support and services;
• Loss of companionship, guidance, and protection;
• Mental pain and suffering;
• Medical and funeral expenses (depending on who paid them).

No. Damages awarded for wrongful death are distributed directly to eligible survivors, not through the estate.

Yes. Florida law specifically allows certain survivors to recover damages for mental pain and suffering, which is often one of the most significant parts of the case.

A survival action is a claim that allows the estate to pursue losses the deceased person would have recovered if they had lived.

This includes claims for damages that occurred between the time of injury and death.

The Estate may recover:

• Medical expenses incurred before death;
• Lost wages between injury and death;
• Other financial losses suffered before death.

Important: Florida law generally shifts recovery for pain and suffering away from the decedent and instead allows survivors to recover their own emotional damages in the wrongful death claim.

Yes. Any recovery from a survival action becomes part of the Estate, and is distributed according to:

• The decedent’s will, or
• Florida intestacy law

These funds may also be subject to creditors or liens associated with the estate.

In Florida, only the personal representative of the estate can file the lawsuit.

However, the claim is brought on behalf of surviving family members, including:

• Spouse;
• Children;
• Parents;
• Other dependent relatives.

If you suspect negligence caused a loved one’s death, it is important to act quickly. These cases require:

• Immediate investigation
• Appointment of a personal representative
• Early evaluation of all available damages

Florida law also imposes a strict time limit for bringing these claims.

Structured settlements can provide:

• Long-term financial security through steady, predictable income;
• Protection against overspending or mismanaging a large lump sum;
• Guaranteed payments backed by an insurance company;
• Tax advantages — payments for personal injury or wrongful death are generally tax-free under federal law.

These benefits make structured settlements especially useful in cases involving lifelong care or reduced earning capacity.

Structured judgments are generally not mandatory in Florida. However, structured settlements are commonly used in Florida, particularly in cases involving: catastrophic injuries; birth injuries; long-term medica needs; and wrongful death claims. A structured settlement is a way of receiving compensation over time instead of in a single lump sum. Instead of one check, payments are made in scheduled installments—monthly, annually, or at specific future dates. Florida law also provides protections for recipients through the Structured Settlement Protection Act, which governs transfers of future payments and requires court oversight.