Category : Practice Areas

Medical Malpractice

Do I Have a Hospital Negligence Claim?

Frank Fernandez
Could You Have a Case Against a Hospital in Florida? You may have a hospital negligence claim in Florida if the hospital’s own failure, or the negligence of someone it was responsible for, caused you harm. Hospitals can be liable in two main ways: directly, for their own choices such as understaffing, poor hiring, weak safety protocols, or infection-control lapses; and indirectly, for the negligence of employees and, in some cases, doctors the hospital presents...
Medical Malpractice

How Do You Win a Medical Negligence Case?

Frank Fernandez
What Does It Take to Prove Medical Negligence in Florida? To win a medical negligence case in Florida, you must prove four elements and meet the state’s pre-suit rules before filing. You must show a provider owed you a duty of care, breached the standard of care, caused your injury, and left you with loss, injury, or damage. Florida also requires a sworn medical opinion before you file. A medical malpractice attorney can help clarify...
Medical Malpractice

What Are the Most Common Types of Medical Malpractice?

Mark Hickey
How Many Types of Medical Malpractice Are There? Medical malpractice typically falls into a handful of recurring categories, each with its own warning signs. For example, in Tampa and other cities in Florida: Wrongful death Brain injuries Birth injuries, including brachial plexus damage Misdiagnosis or delayed diagnosis (stroke and cancer) Pressure injuries and bedsores Medical provider negligence  Surgical errors Anesthesia mistakes Medication errors Each type carries its own evidence, and at the Fernandez Firm in...
Medical Malpractice

Do I Have a Case for Medical Malpractice in Florida

Frank Fernandez
How Do You Know If You Have a Medical Malpractice Claim in Florida? The legal standard in Florida is a healthcare provider’s care  falling “below the accepted standard of care, resulting in harm.”  Red flags suggesting potential malpractice include:  a missed or delayed diagnosis, a surgical mistake, a medication error, or an injury that happened during routine treatment.  Each case is different. Speaking with a Florida medical malpractice lawyer is the most reliable way to...
Auto Accidents

What Do I Do After a Hit-and-Run Accident?

Frank Fernandez
One moment you are driving. Next, you are dealing with pain, disorientation, and panic from a hit-and-run accident. Knowing what to do after a hit-and-run accident won’t just help you take care of your health, and it can improve your chances of recovering sizable compensation. Each step you take after the crash is important, and the key to getting everything right is remaining calm and getting professional assistance. If you or your loved one have...
BedsoresMedical Malpractice

How Much Is a Bedsore Lawsuit Worth?

Frank Fernandez
According to the Agency for Health Care Administration, Florida has more than 190,000 beds available at hospitals, nurse homes, and assisted living facilities. While these beds are not 100 percent filled, a significant portion of our most vulnerable population relies on medical care in these facilities. While Florida’s skilled nursing facilities rank among the best in the country, neglect remains an issue. Bed sores pose a problem in nearly every situation that involves a person...
Personal Injury

Florida’s New Tort Reform Legislation: What You Need to Know

rankingsio
Florida Gov. Ron DeSantis signed a major tort reform bill into law on March 24, 2023. The bill, HB837, revised or amended many Florida statutes dealing with personal injury law and the civil judicial system. The changes went into effect immediately upon signing and protect businesses, property owners, and corporations from paying damages in personal injury lawsuits. HB837 will have considerable impacts on personal injury lawsuits, insurance providers, attorney fees, and more. The following article...
Motorcycle Accidents

What Is the Average Payout for a Motorcycle Accident?

Frank Fernandez
Motorcycle accidents can result in devastating consequences that can lead to payouts ranging from $9,000 to over $200,000, with most motorcycle accident claims settling around $80,000. Yet, while these may be some of the more average monetary recoveries, these amounts will also depend on the circumstances of the motorcycle accident, which means your payout can be significantly more or less than these amounts. However, to better understand your legal options following a motorcycle accident and...
Trucking Accidents

​When Does the Trucking Company Bear Liability for a Truck Accident?

Frank Fernandez
Big trucks can present a serious challenge on the road. Not only does their larger size make it more difficult for other drivers to maneuver around them, but big trucks may also travel at a slower speed, and their drivers may spend more time on the road than the average passenger vehicle driver, which may mean the greater overall potential for several accident scenarios. Often, the truck driver will bear liability for any accident caused...
Motorcycle Accidents

​What to Do After a Motorcycle Accident

rankingsio
A motorcycle accident typically ends the day’s travels and starts a new journey—one in which a motorcycle accident victim’s future is on the line. Because the stakes are so high, it is of utmost importance that a victim of a motorcycle accident takes certain steps after a crash to help preserve their future health and finances. After seeking the necessary medical treatment, contacting an experienced motorcycle accident attorney is the next step. Get to Safety...