Category : Medical Malpractice

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...
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...
Medical Malpractice

​Surgical Errors and Medical Negligence

Frank Fernandez
Some say that surgeons are among the top medical professionals. Their ability to help their patients recover from various conditions and injuries is often truly amazing. However, they are not perfect. Surgical errors are more commonplace than many people realize. Fortunately, the law provides a pathway for victims of surgical negligence to pursue compensation for their losses. It is in no way an automatic process. Victims are burdened by following procedures and proving medical negligence,...
Medical MalpracticePersonal Injury

​Birth Injuries and Medical Negligence

rankingsio
It is during the most delicate processes in life that people must take the greatest care. Childbirth is perhaps the most delicate of them all, which is why medical professionals, be they doctors, nurses, or midwives, have an extremely high standard of care to maintain throughout labor and delivery. Unfortunately, the statistics clearly demonstrate that professionals sometimes fall below this standard, resulting in often irreparable and devastating birth injuries. Birth injuries strike six to seven...
Medical Malpractice

Understanding Failure to Diagnose in Hospital Emergency Rooms

Frank Fernandez
When you head to the emergency room, you expect the doctors to quickly look over your symptoms and provide you with a diagnosis, ideally one that will cure your ailment. In many cases, you may find yourself heading to the emergency room with significant pain or an acute problem that requires an immediate remedy. Talk to an Attorney Unfortunately, you may not always walk out of the emergency room with the diagnosis you had hoped...
AwardsMedical Malpractice

Fernandez Firm Wins Jury Verdict for Hospital Negligence Case

rankingsio
What a fantastic day for Justice! On January 13, 2022, a Polk County jury found for the Fernandez Firm’s very deserving client in the amount of $3.57 million. 4 years and a tremendous battle against the negligent Hospital but, in the end, the truth won! The Fernandez Firm is experienced in winning a variety of hospital negligence and error cases. Our team fights for our clients to get them what they deserve. We know that...
Medical Malpractice

Misdiagnosis Can Provide Grounds for a Medical Malpractice Lawsuit

Frank Fernandez
People rely on doctors to diagnose and treat illness and disease. Some people have limited choices for their providers because of their insurance plan, while others have more freedom. Regardless of who someone chooses as a provider, they expect their doctor to provide excellent medical care. Unfortunately, doctors and other medical professionals make mistakes. They do not always provide high-quality care, and sometimes it is difficult to discern between competent providers and those who fail...