Can a parent sue for the death of an adult child who dies as the result of medical malpractice?

The answer is; If the parent was at all dependent upon the adult child for financial support or services, yes.

Florida's wrongful death statute contains an exception for medical malpractice cases. Unlike other wrongful death cases, an adult child cannot sue for the death of a parent and a parent cannot sue for the death of a child. This exception was placed in the law as the result of a medical malpractice "crisis" one that even some justices have written does not exist.

However, the statute does allow for economic damages where an child or parent is financially dependent on the other. In Florida, with its ever aging elderly population, adult children frequently become the centerpiece of financial and other support for their parents. The loss of the child can be devastating to the parent.

Still, the sad news is, Florida refuses to allow these elderly moms and dads to collect damages for their emotional trauma from the loss of their dedicated children. Florida stands alone, no other state is so hard hearted so as to excuse the negligent conduct of a few bad apples in order to save big insurance a few bucks and increase its profits at the expense of its elderly citizens.