Hulk Hogan’s family files petition signaling possible malpractice suit over his death

The family of Hulk Hogan filed a petition in Pinellas County last week seeking a 90-day extension of Florida’s statute of limitations to investigate a potential medical malpractice claim, according to the filing reviewed by POST Wrestling.

The petition was filed on behalf of Hogan’s widow, Melanie Sky Daily, his son Nick Bollea, and financial adviser Terry McCoy, who are representing Hogan’s estate. No lawsuit has been filed yet, and therefore, there are no defendants in this matter, but the filing states the family wants to investigate claims against the Tampa General Hospital, Morton Plant Hospital, two Florida-based doctors, as well as “any and all other applicable health care providers.”

The petition cites a Florida law that allows a prospective plaintiff to automatically extend the legal time limit for 90 days while evaluating whether to proceed with a malpractice lawsuit.

Daily reportedly was planning to file a medical malpractice case for claims she says led to Hogan’s death. Daily reportedly believes that Hogan’s phrenic nerve, which controls breathing, was “compromised” during a neck procedure he underwent in May 2025, a surgery she said contributed to her late husband’s death at age 71.

Also in August, Clearwater Police said the department was investigating Hogan’s death.

According to records cited by USA Today, Hogan was found unresponsive in his Clearwater Beach home on July 24 and later pronounced dead at Morton Plant Hospital. Police at the time said foul play or suspicious activity was not suspected.

It was reported later that Daily ordered a private autopsy as part of an investigation into potential malpractice claims.

Under section 95.11(5)(c) of the Florida Statutes, medical malpractice claims must be brought within two years of the incident or its discovery, and no later than four years from when the alleged malpractice itself occurred. The Bollea estate’s petition adds three months onto their time limit while they investigate the possibility of filing a lawsuit.

Although Hogan’s death occurred just over two months ago, the act the estate may view as the alleged negligence — his reported May 2025 neck surgery — would have started the statutory clock at the time of that procedure. Even with a two-year statute of limitations, the 90-day extension may preserve flexibility while the estate gathers records or consults with experts. Attorneys representing the Bollea family declined to comment, but a source familiar with the matter said the filing is a routine procedural step in similar potential medical malpractice cases.

Hogan himself previously filed a medical malpractice suit in 2013 over a different spinal procedure. That case was later settled in 2015.

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