Lusko Law Addresses Rise in Fatal Medical Errors In Pensacola

Medical Errors and Wrongful Death Claims in Florida: A Guide

Pensacola, United States – July 20, 2026 / Lusko Law /

PENSACOLA, FL, July 20, 2026- Lusko Law, a personal injury and wrongful death firm based in Pensacola, Florida, is drawing attention to the growing volume of medical malpractice-related deaths across the state. The firm is responding to increasing inquiries from families seeking guidance on whether a loved one’s death may give rise to a wrongful death claim under Florida law.

A wooden gavel and golden scales of justice on a desk with text explaining Florida's strict claim filing restrictions.

Florida Families Face Complex Legal Terrain After Medical Deaths

Research published by Johns Hopkins School of Medicine found that medical errors contribute to approximately 250,000 deaths in the United States each year, placing preventable medical negligence among the top three causes of death in the country. In Florida, the scope of the problem is compounded by procedural legal requirements that differ significantly from those in other states, creating barriers for families who delay consulting wrongful death lawyers.

Florida’s Wrongful Death Act, spanning Sections 768.16 through 768.26 of the Florida Statutes, establishes specific eligibility criteria for surviving family members pursuing compensation. Spouses and minor children carry the broadest rights under the statute.

However, Florida Statute Section 768.21, widely referred to in legal circles as the “free kill” provision, severely limits the ability of parents and unmarried partners to recover pain and suffering damages when an adult over 25 dies due to medical malpractice. The provision remains law despite sustained legislative reform efforts.

Pre-Suit Requirements Add Urgency for Affected Families

Before a wrongful death lawsuit can be filed in Florida, claimants must complete a mandatory pre-suit investigation process. This includes serving written notice on each named defendant, conducting a thorough investigation into the circumstances of the death, and securing a verified written opinion from a qualified medical expert confirming that a deviation from the standard of care occurred.

Missing any step in this process can permanently bar a family from recovery, regardless of the merit of the underlying claim. The statute of limitations clock begins running from the date of death or the date the family discovered, or reasonably should have discovered, the act of negligence.

Common Medical Errors Behind Wrongful Death Litigation

According to Lusko Law’s experience handling medical malpractice and wrongful death cases across Escambia County and the surrounding region, the errors most frequently underlying fatal outcomes include misdiagnosis or delayed diagnosis, surgical negligence, medication errors, emergency room failures, and neglect in long-term care settings.

Misdiagnosis alone accounts for nearly one-third of all successful wrongful death claims nationally. Errors in emergency departments, where diagnostic pressure is highest, are among the most time-sensitive categories of cases, given the narrow window for preserving evidence and meeting pre-suit obligations.

“We understand that facing a legal issue can be a deeply personal and often stressful experience. That’s why our approach begins with truly listening to your story, taking the time to understand the unique details of your situation and your personal goals,” said Justin Lusko, Founder and Attorney at Lusko Law.

Verdicts Reflect the Complexity and Stakes of These Cases

Lusko Law has represented families in Escambia County in medical malpractice and wrongful death matters, resulting in significant jury verdicts. In 2022, the firm secured a $7.5 million verdict after healthcare providers failed to diagnose and treat a patient’s condition, resulting in an above-the-knee amputation. In 2023, a $2.625 million verdict was secured for a family whose loved one suffered fatal internal bleeding due to the mismanagement of medication risks by treating providers.

Both outcomes reflect the level of preparation and commitment that wrongful death lawsuit lawyers in Pensacola must bring to cases of this nature.

A lawyer at a desk behind a gavel and scale of justice with text explaining Florida's wrongful death statutory limits.

About Lusko Law

Lusko Law is a Pensacola, Florida-based personal injury firm founded by attorney Justin Lusko, who has spent more than a decade focusing on medical malpractice and wrongful death representation. Before entering civil litigation, Lusko Law served as an Assistant State Attorney in the First Judicial Circuit, where he tried more than 55 jury trials to verdict.